Malky Mackay faces no disciplinary action over texts

FA say that the messages were sent ‘with a legitimate expectation of privacy’

Former Cardiff manager Malky Mackay will face no disciplinary action from the Football Association over the content of text messages sent between him and former head of recruitment Iain Moody.

The FA, which became aware of the messages in August 2014, announced the decision on its official website and said it had spoken to both Mackay and Moody about the inappropriate nature of the language used, but deemed that the messages were sent “with a legitimate expectation of privacy”.

The governing body said both individuals had acknowledged that such terms were not acceptable and added Mackay has voluntarily undertaken equality and diversity training.

Mackay led Cardiff to promotion to the Premier League in May 2013 but he was sacked the following December after falling out with club chairman Vincent Tan.


The FA said the messages, sent between June 2011 and March 2014, were obtained by Cardiff in March 2014 and provided to them the following October.

“The FA has undertaken a thorough and detailed investigation in connection with inappropriate language contained within text messages and an email sent by Iain Moody, and text messages sent by Malky Mackay when they were employed by Cardiff City FC,” said the FA statement.

“To date, the FA’s policy in cases such as this has been to not bring charges in respect of private communications sent with a legitimate expectation of privacy.

“The FA’s investigation looked at all aspects of the communications, including the context in which the communications were sent. The evidence was then reviewed by a QC with particular expertise in sports’ disciplinary proceedings and employment law.

“Having assessed the evidence, and in light of the finding that the communications were sent with a legitimate expectation of privacy, the FA will not be taking disciplinary action against Iain Moody and Malky Mackay in connection with the content of those messages.

“However, the FA has spoken to both Iain Moody and Malky Mackay about the inappropriateness of terms used in the messages. Both individuals have acknowledged that such terms are not acceptable. Mr Mackay has also voluntarily undertaken equality and diversity training.

“The FA is in the process of carrying out a complex review involving all stakeholders on how communications, and in particular those involving discriminatory language, which may be viewed as taking place in private should be treated in the future.”