Jess Varnish’s lawyers are demanding that British Cycling release copies of all emails, text messages, documents and medical records that mention her as the controversy over the decision to drop the rider in April continues.
Varnish said that she had been the victim of sexist remarks by former technical director Shane Sutton, who denied wrongdoing, but it was revealed this month that just one of nine complaints against the Australian had been upheld by the governing body.
Now Varnish’s legal firm, Irwin Mitchell, has made an application under the Data Protection Act that all information relating to her is released to her by British Cycling, including the report of the investigation into Sutton. The three-times World Championship medallist says that she was prevented from viewing her performance data after she was dropped from the Great Britain squad.
Under the law, the 26-year-old should be entitled to copies of all the messages and records, although the body may redact some names or argue that information given on a confidential basis should not be disclosed.
A letter, seen by The Times, from Varnish’s solicitor Simon Fenton to British Cycling, demands copies of texts to and from Sutton, head coach Iain Dyer, sprint coach Justin Grace and another coach, Jan van Eijden.
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It adds that it is likely that personal data is held relating to “the investigation and report about Ms Varnish’s complaints about Shane Sutton, the summary findings of which were sent to her on 5 December 2016”.
Varnish said that she was “shocked and upset” to learn that only one complaint against Sutton was upheld: that of “inappropriate and discriminatory language” after the board found that it was probable Sutton had used the term “bitches” to Varnish.
She had claimed that Sutton had commented about the size of her backside but that was not upheld. An external investigation continues into the culture of British Cycling and is not likely to be completed until next month.
Sutton is due to give evidence to the culture, media and sport select committee on Monday but that session will focus on therapeutic use exemptions rather than the Varnish case.