Posted on 3.11.15 by Danielle Ayres
Chelsea Football Club’s former doctor, Eva Carneiro, is pursuing a legal claim after her unceremonious demotion from first team duties at the start of the season.
The personal claim against Mourinho is set to be filed this week after she parted company with the club in the wake of her incident at the beginning of the season. This claim is separate but linked to Carneiro’s existing claim against the club for Constructive Dismissal.
This new claim against the Manager will mean he will have to appear personally before an employment tribunal if the case is not settled. Her claims and argument is to the fact that not only did Mourinho use derogatory language against her but that he was instrumental in effectively demoting her by having her dropped from first team duties.
It’s important to note that Carneiro was offered the option of staying on at Chelsea but she would have had to take a demotion. However the argument being put forward is that she was treated differently to her colleague, Jon Fearn, who was also called onto the pitch by the referee to treat the injured Eden Hazard. This decision by the medical staff, who, after all were only doing their professional duty, was branded “impulsive and naïve” by Mourinho after the game.
It is worth pointing out that Mourinho was cleared of using discriminatory language towards the doctor by the Football Association, although Carneiro says she was not asked to provide a statement nor spoken to personally during the investigation. After the game, Carneiro and Fearn were allegedly banned from the team hotel. She cites this, the way she was treated and the tirade Mourinho made, as reason for her position at the club being no longer tenable, amounting to constructive dismissal.
The Employment Law surrounding the case
Talks surrounding a severance package between the two parties broke down after a deal could not be reached. This is why Carneiro is now pursuing a constructive dismissal case. When there has been an act of discrimination in the workplace, cases must be filed no more than 3 months from the last discriminatory act. As the incident occurred on 8th August, Carneiro and her lawyers have until 8th November to take action.
Employment law states that if discrimination or victimisation has taken place, an individual can be personally liable for damages. As Mourinho has been named personally he would have to appear in court and disclose all personal details to do with the case, such as relevant conversations and emails. A provisional date for the employment tribunal has been scheduled for early next year
Speak to our Specialist Employment Team
If you feel that you have been dismissed unfairly and/or been the victim of sex discrimination there are certain guidelines that apply. Constructive dismissal cases must be brought forward within 3 months less 1 day from the last working day in employment.
To speak to a member of our team fill in our online contact form, email firstname.lastname@example.org or give us a call on 0343 507 5151 and we will be happy to discuss your case with you.