Sunderland were left furious after being denied what looked like a clear early penalty in their 1-1 draw with Bournemouth at the Vitality Stadium on Saturday afternoon.
Inside the opening three minutes, Enzo Le Fée went down in the area following a challenge from Álex Jiménez, prompting immediate appeals from the Black Cats.
Referee Jarred Gillett waved play on, and VAR chose not to intervene — a decision that left Sunderland players stunned.
What happened?
Jiménez appeared to lean into Le Fée from behind, making contact with the midfielder rather than the ball. The Frenchman went to ground under the pressure, and from one angle it looked like a straightforward push.
However, Gillett judged the contact insufficient for a spot-kick. Because the decision was subjective rather than a clear error, VAR upheld the on-field call.
That’s the key factor.
Hackett explains the VAR logic
Former PGMOL chief Hackett believes the referee’s interpretation — rather than a lack of contact — was decisive.
He explained that:
- The referee felt the attacker went down too easily.
- The level of contact did not meet his personal threshold for a foul.
- VAR will not overturn subjective decisions unless there is a “clear and obvious error.”
Since there was contact but debate over its severity, VAR sided with the original call.
In short: it wasn’t considered wrong enough to overturn.
Hackett disagrees with the decision
Despite outlining the reasoning, Hackett made it clear he would have given the penalty himself.
In his view, Jiménez’s shove constituted a foul, and Sunderland should have been awarded the chance from 12 yards.
Given Le Fée’s strong penalty record this season — converting three of his four attempts — many Sunderland supporters will feel the decision potentially cost them two points on the south coast.
Why this matters
Early penalties can dramatically alter games. Had Le Fée converted, Bournemouth would have been forced to chase the match from the outset.
Instead, Sunderland had to settle for a point — still a respectable result away from home, but one that could have been more.
For the Black Cats, frustration remains. For officials, it’s another reminder that the interpretation of “enough contact” continues to divide opinion in the Premier League.
And as Hackett suggests, sometimes a defender simply “gets away with one.”