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Terms of Reference: Recruitment of young players in professional football
Mapping and summarising existing research and identifying child rights
issues as the basis for future research
Title
Research consultancy – recruitment of young players in
professional football
Purpose
To scope and identify the child rights impacts of current recruitment
practices in professional football with a view to identifying research
priorities and an agenda for action, through desk based research.
Location
No preference – desk based research
Timeframe
1 month, to be completed by end June 2017
Budget
Depending on experience but up to £10,000 is available for this research
Applicants
Applications are welcome from individuals, teams of individuals, or
institutions that meet the specification
Background and rationale
There is a significant lack of data on the full spectrum of child rights impacts associated
with player recruitment practices in football. Where estimates of the scale of impacts do
exist, they vary significantly. What all the available evidence does highlight is that
children’s rights are currently not adequately protected, and that steps are needed to
address this at local, national and international levels.
Sport contributes billions of dollars each year to the global economies. Nowhere is this
more evident than in the football arena, where leading clubs are listed on international
stock exchanges and star players command multimillion-dollar salaries, attract large
transfer fees and garner significant levels of adoration. The global enthusiasm for football,
together with its economic significance, has inevitably meant that children around the
world dream of joining the ranks of professional football players – a dream which many
parents or caregivers will share.
For a small number of these children this ambition will be realized. Efforts by world leading
football clubs to identify and recruit the very best in football talent have led to a global
market for young football player recruitment with a predominant focus on Africa as well as
Latin America and an increasing focus on Asia. In some cases gifted young players join
club training programmes, while in others they enter football academies which may or may
not be associated with specific clubs.
Well-organised academies offer children a valuable opportunity to develop their sporting
abilities and acquire professional skills and training. They also offer football clubs the
opportunity to demonstrate their commitment to child wellbeing and, given the high public
profile of these clubs, to disseminate this value in society in general.
On the other hand, academies and training programmes that fail to take adequate steps to
protect the rights of the children they recruit represent a serious risk to the wellbeing of
children and potentially compromise the reputation of any clubs associated with them.
UNICEF recognises the power of sport to change children’s lives for the better and is
committed to the realisation of children’s rights in sport, through sport and around sport.
Through our work, we’ve identified a need to understand more about the impacts on
children of player recruitment practices in football.
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Purpose of the research
To identify and understand the spectrum of child rights risks connected with player
recruitment practices in football globally, by:
1. mapping the range of relationships that are involved in player recruitment practices
2. identifying where children’s rights (as described by the UNCRC) may be at risk in
this process
Main tasks of the research
Undertake desk based research and a literature review into current practices within
football globally, related to the recruitment of young players (under 18 years) and the
impact of these practices on children and their rights.
Deliverables
Instalment 1:
 Key research questions finalised and agreed
 Network involved in player recruitment identified and
agreed (including but not limited to with feeder clubs,
academies, agents, national federations, youth
tournaments, schools)
 Research outline developed and finalised
 Literature review completed
 Draft findings summarised
Instalment 2:
 Detailed report produced, summarising:
o Methodology used
o Nature and extent of ‘supply chain’ for young
players in football
o Main types of actors involved in young player
recruitment
o Existing and potential impacts on young players
o Recommendations for action to address impacts
o Gaps in available evidence
 Recommendations developed for additional research to
better inform action to address child rights impacts
Duration
(~days)
Deadline
~15
June 9th 2017
~5
June 23rd
2017
20
TOTAL
Expected Outputs
Typed report of at least 15 pages detailing the key findings of the desk research.
Key competences, technical background, and experience required:
 At least five (5) years of relevant experience in human rights and child rights
 At least three (3) years of relevant experience related to sport, experience related to
football is desirable
 Outstanding listening, verbal and written communications skills in English. Other
European language skills are desirable (French, German, Italian, Portuguese and
Spanish in particular).
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Strong conceptual and research/analytical skills with the ability to think strategically
and rapidly analyze and integrate diverse information from varied sources into
conclusions and recommendations
Track record of consulting on projects which require technical knowledge and
experience, and submitting high quality and timely outputs,
Proven ability in delivering on self-managed work
Duty Station
The researcher(s) can be based remotely.
General Conditions:
The payment to the researcher(s) or institution selected is dependent on the completion of
deliverables with quality. The payments will be made as per deliverables.
Policy both parties should be aware of:
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Consultants are not entitled to payment of overtime or annual leave. All remuneration
must be within the contract agreement.
No contract may commence unless the contract is signed by both Unicef UK and the
consultant or Contractor.
The proposal
Please prepare a concise proposal for delivering the above research and send it by e-mail
only to [email protected]
Your tender should:
 Set out clearly the approach which you will take to deliver the research and a schedule
for delivering against the proposed timeframe
 Demonstrate your experience of undertaking similar research or relevant work
 Provide details of the researcher(s) who will be assigned to the work, including brief
CVs with details of professional qualifications, relevant experience and achievements to
date (to be supplied as an appendix)
 Indicate your earliest start date
 Provide at least 2 references from previous similar employment
 Provide any other considerations you think pertinent
The tender should provide a firm price for the work, indicating the daily rates to be
charged. The price must be broken down to show the price for each work strand. It will be
assumed that all expenses incurred are included in the price quoted unless specifically
stated in your tender.
Your tender should also confirm that all staff working on this project, now or in the future
including any subcontractors, either have been checked by the DBS (standard disclosure)
or will provide such information to permit Unicef UK to make an application for standard
disclosure to the DBS (at UNICEF UK’s discretion and expense).
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Deadline for Receipt of Applications: 28 April 2017
We welcome applications from a diverse range of people, respecting and drawing on
different perspectives, skills, experience and knowledge.
The successful candidate will be required to apply for a Basic Disclosure from
Disclosure Scotland. A criminal record will not necessarily bar you from working with
us. This will depend on the nature of the role and the circumstances of your offences.
If you do not hear from us within 14 days of the closing date, please assume your
application has been unsuccessful on this occasion. Please note that we only provide
feedback to shortlisted candidates.
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CONDITIONS OF SERVICE
The conditions of service can be found in the consultancy agreement below,
which will be signed by both parties at the outset of the research.
Date: xxxxxxxxx
1.
The Parties:
(1)
"The Client" also referred to in this agreement as “UNICEF UK” - United Kingdom
Committee for Unicef, Company Registration Number 3663181 of UNICEF House,
30a Great Sutton Street, London, EC1V 0DU
(2)
"The Consultant" - xxxxxxxx
2.
The Consultancy Services
2.1
The Client engages the Consultant to provide services to the client as set out in the
attached Schedule.
3.
Duration
3.1
From May 2017 until completion of the Service.
4.
Obligations of the Consultant
4.1
The Consultant shall carry out his/her obligations faithfully and diligently in
accordance with the directions of the Client and use his/her best endeavours to
promote the interests of the Client and to deliver the agreed Service to the highest
professional standards within the timeframe agreed.
4.2
The Consultant may not assign or sub-contract any of his/her obligations to any
other person unless such assignment or sub-contracting to named individuals or
organisations is approved in writing by the Client. In the event of any such permitted
assignment or sub-contracting, the Consultant will remain fully responsible to the
Client for the performance of all obligations of the Consultant set out in this
agreement to the standard and within the time scales set out in this agreement.
4.3
All equipment necessary to provide the services will be provided by the Consultant.
5.
Fees
5.1
The Client shall pay the Consultant a fee as set out in the Schedule (the fee to
include any VAT if applicable) and payable subject to the delivery of the Consultant’s
invoice as specified in the Schedule, and to the satisfactory completion of the
service.
6.
Expenses
6.1
The Consultant will be responsible for the payment of any expenses or costs incurred
in the service which are not noted or specified in the attached Schedule.
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7.
Intellectual Property
7.1
The Consultant assigns to the Client all rights arising from the services carried out by
the Consultant under this agreement, including without limitation copyright,
registered and unregistered design rights, rights in any software or databases
developed as part of the services, rights in any material obtained through research,
all rights in any draft report and any other intellectual property rights.
7.2
The Consultant waives any right to be identified as author of the work.
7.2.1 The final report will be branded as a UNICEF UK publication and UNICEF UK
will have full copyright and other intellectual property rights in the final
report. Provided the Consultant has complied on a timely basis with all of
his/her obligations under this agreement, the Consultant will be recognised as
the researcher who carried out the research and prepared the initial draft
report.
7.2.2 In the event that the Consultant does not comply with his/her obligations
under this agreement to the reasonable satisfaction of the Client, the
Consultant will have no rights to be identified in any way in connection with
the initial draft report or the final report and will have no intellectual property
rights or moral rights in relation to the initial report or the final report.
7.2.3 The Consultant agrees and acknowledges that he/she has no right to any
payment arising from publication of the initial report or the final report or
otherwise beyond his/her entitlement to be paid fees specified in this
agreement subject to full and timely performance of all of the Consultant’s
obligations under this agreement.
7.3
The Consultant waives his or her right to object to derogatory treatment of the work.
7.4
The Consultant agrees that he/she will at any reasonable request and cost of the
Client execute any documents and do all such things as may be reasonably required
by the Client to assist in proving ownership of any of the rights referred to above.
7.5
The Consultant agrees that any work done by him/her for the Client will not infringe
upon any intellectual property rights of a third party.
8.
Termination
8.1
The Client may terminate this Agreement by giving 30 days’ notice to the
Consultant.
8.2
Without limitation the Client may by notice in writing immediately terminate this
Agreement if the Consultant shall:
8.2.1 be in breach of any of the terms of this Agreement which in the case of a
breach capable of remedy is not remedied by the Consultant within 3 days of
receipt by the Consultant of a notice from the Client specifying the breach
and requiring its remedy;
8.2.2 be incompetent, guilty of serious misconduct or any serious or persistent
negligence in respect of his or her obligations hereunder;
8.2.3 fail or refuse after warning to carry out the duties reasonably and properly
required of him or her hereunder
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8.2.4 do anything to bring the good name of the Client into disrepute
8.2.5 become bankrupt, insolvent or subject to an administration or receiving order
or any court judgement or reasonably appear to be likely to be subject to any
of the above
9.
Liability
9.1
The Client will rely on the Consultant’s skill and expertise
9.2
The Consultant agrees to indemnify the Client against all claims, penalties, losses,
damages, costs, legal or professional and other expenses of any nature whatsoever
incurred or suffered by the Client or by a third party as a result of any act or default
of the Consultant.
10.
Covenants
10.1
The Consultant agrees that she or he will not, without the Clients written consent,
during the term of this Agreement, or for a period of one year afterwards whether
him or herself or through their servants agents or otherwise and whether as
consultant principal partner director employee or otherwise directly or indirectly
10.1.1
procure or provide any service of the nature provided under this Agreement
to any charity, person or company or government or other agency whose
activities are similar to the Clients where the provision of such service may
in the reasonable opinion of the Client cause any loss or damage to the
Client.
10.1.2
offer or enter into a relationship of employer partnership consultancy or
agency with any person who was during the term of this Agreement an
employee consultant or partner of the Client.
10.2
The Consultant agrees that he or she will not, without the Clients written consent, at
any time use the fact that he or she has provided the Service to the Client in any
advertised or marketing material or in any way seek to associate themselves with
the Client.
11.
Warranty
11.1
The
and
and
any
12.
Confidential Information
12.1
The Consultant agrees to treat as secret and confidential and not at any time for any
reason to disclose or permit to be disclosed to any person or otherwise make use of
or permit to be made use of any information relating to the Client's technology,
technical processes, business affairs or finances or any such information relating to a
subsidiary, supplier, customer, beneficiary or client of the Client where knowledge or
details of the information was received in connection with this Agreement and upon
termination of this Agreement for whatever reason the Consultant will deliver up to
the Client all working papers or other material and copies provided to him pursuant
to this Agreement or prepared by him either in pursuance of this Agreement or
previously.
Consultant warrants that he/she has full authority to enter into this agreement
is not bound by any agreement which would prevent full delivery of the Service
that the Service will be delivered fully in compliance with the laws of the UK and
other jurisdiction where the Service or its product will be used.
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13.
Child Protection
13.1
The Consultant agrees that he or she and any other staff working on this project now
or in the future including any subcontractors either have been checked by the DBS
(standard or enhanced disclosure) or will provide such information to the Client as is
required to permit an application for standard disclosure to the DBS at the Client's
expense.
14.
Tax Liabilities
14.1
It is the intention of the parties that the Consultant shall have and if necessary prove
that they have the status of a self employed person and shall be responsible for all
income tax liabilities and National Insurance or other similar contributions in respect
of fees paid by the Client to the Consultant.
14.2
The Consultant hereby agrees to indemnify the Client in respect of any claims that
may be made by the relevant authorities against the Client in respect of income tax
or National Insurance or similar contributions relating to the Consultant's services
hereunder.
14.3
The Consultant agrees that if at any time HM Revenue and Customs (HMRC) or any
successor body treats the relationship between the Client and the Consultant as one
of employer and employee for tax purposes:
14.3.1. The Consultant will not at any time seek from HMRC a repayment of any tax
paid by the Consultant on a self-employed basis;
14.3.2. If the Consultant receives a repayment of any such tax the Consultant will
notify the Client and will on written request by the Client repay to HMRC
any such tax refund and/or
14.3.3. The Consultant will on written request by the Client submit a written
request to HMRC to set tax previously paid by the Consultant on a selfemployed basis against the Client’s ability to pay tax under the pay as you
earn system (or any successor system).
14.3.4
The Consultant will execute all such documents and do all such other things
as are necessary to give effect to this clause.
15.
Notice
15.1
Any notice required by this agreement to be given by either party to the other shall
be in writing and shall be served, delivered or by registered post or recorded delivery
to the address of the other party.
15.2
Any receipt issued by the postal authorities shall be accepted as conclusive evidence
of the fact and date of posting such notice.
15.3
Notice may also be served by fax or email and such notice will be deemed to be
received on the date the first normal working date after transmission. Public Holidays
and Saturdays and Sundays shall not be counted as normal working days.
Data Protection
16.1
In respect of his or her obligations under this Agreement, the Consultant
acknowledges that it may collect or share with the Client records and information
(including names, addresses and contact details) relating to individuals (“Individual
Data”)
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16.2
The Consultant as recipient of the Individual Data will be a Data Processor
(as defined under the Data Protection Act 1998 (“DPA”)) acting on behalf of the
provider of the Individual Data as the Data Controller (as defined under the DPA) in
respect of the Individual Data.
16.3
The Consultant agrees:
16.3.1
that all Individual Data given to it by the Client is confidential and must be
kept confidential both during this Agreement and after its termination;
16.3.2
only to use the Individual Data in accordance with any instructions given to
it by the Client, and otherwise only as necessary properly to perform its
obligations under the Agreement and in accordance with the DPA;
16.3.3
to amend or delete the Individual Data on instruction from the Client;
16.3.4
not to use the Individual Data after termination of this Agreement;
16.3.5
not to pass the Individual Data to any third party without the prior written
consent of the Client; and
16.3.5.1
to inform the Client and provide full details of any direct contact
made to it by any actual or prospective customer, client and/or
beneficiary included in the Individual Data; and
16.3.5.2
to comply with any systems or procedures which the Client may
introduce from time to time in respect of the processing of
Individual Data.
16.4
The Consultant shall indemnify the Client against any and all liability or loss incurred
(including without limitation fines, costs and expenses) as a result of the breach of
all or any of the obligations set out in this clause and this indemnity shall survive on
termination of this Agreement.
17
Partnership
17.1
Nothing in this Agreement shall create or be deemed to create a partnership or the
relationship of principal and agent between the parties or relationship of employer
and employee between the Company and the Consultant.
18
Assignment
18.1
The Consultant may not assign, encumber or dispose of any of its/their rights and
obligations under this Agreement without the prior written consent of the Client.
19
Severability
19.1
If any part of this Agreement is found by a Court or other competent authority to be
invalid, unlawful or unenforceable then such part shall be severed from the
remainder of this Agreement which shall continue to be valid and enforceable to the
fullest extent permitted by law.
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Entire Agreement
20.1
This Agreement supersedes any Agreements made or existing between the Client
and the Consultant before or simultaneously with this Agreement (all of which shall
be deemed to have been terminated by mutual consent with effect from the date of
this Agreement) and constitutes the entire understanding between the parties in
relation to the subject matter of this Agreement.
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20.2
Except as otherwise permitted by this Agreement no change to its terms shall be
effective unless it is in writing and signed by or on behalf of both parties.
21
Governing Law And Jurisdiction
21.1
This Agreement shall be governed by and interpreted in accordance with English law
and the parties hereby submit to the jurisdiction of the Courts and Tribunals of
England and Wales
22
Contract (Rights Of Third Parties) Act 1999
22.1
This contract does not purport, and is not intended to confer any benefit on any third
party pursuant to the Contracts (Rights of Third Parties) Act 1999.
23
Obligations After Expiry Or Termination
23.1
The provisions of this Clause and clauses 7, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21
and 22 shall survive the termination of this Agreement
Signed by the Consultant: …………………………………………………………………………
Print name: …………………………………………………………………………………………….
Date: ………………………………………………………………………………………………………
Signed on behalf of the Client: ………………………………………………………………….
Print name: …………………………………………………………………………………………….
Date: …………………………………………………………..…………………………………………
Schedule
1. Services to be provided by the consultant (to be finalised on receipt of the
tender)
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Finalise research questions
Identify network involved in player recruitment
Finalise research outline
Conduct literature review
Produce draft findings
Produce a detailed report
Develop recommendations for additional research
2. Proposed timescale
The consultant will work up to 20 days over the period of the contract, the actual number to
be agreed with the client as each service is agreed.
The consultant will report on the number of days worked each month.
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3. Payment
The total charge will not exceed £10,000 inclusive of any VAT which may be payable,
including all expenses incurred, except as specified below.
If any VAT is payable in relation to the services to be provided under this agreement, the
consultant will issue valid VAT invoices to the client.
The consultant will issue an invoice to the client at the end of each calendar month and on
completion of the contract.
4. Expenses chargeable by the consultant:
Travel to London for meetings if required.
Any materials obtained for the client at the client's request, by the consultant.
Other expenses incurred and agreed in advance.
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