 In 1964, the "Sunday People" newspaper broke the story that Kay, along with fellow Sheffield Wednesday players David Layne and Peter Swan, through the instigation of former Everton player Jimmy Gauld, had bet on their side to lose a match in December 1962 against Ipswich Town.The three were convicted of conspiracy to defraud, Kay on the basis of a taped conversation, one of the first times such evidence was admitted in an English court.Kay was fined £150 and sentenced to four months imprisonment.