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Case lawConstructive dismissalSex discrimination

Chelsea FC doctor Eva Carneiro settles constructive dismissal claim

by Rob Moss 7 Jun 2016
by Rob Moss 7 Jun 2016 Eva Carneiro arrives at Croydon Employment Tribunal earlier today. Photo: Beretta/Sims/REX/Shutterstock
Eva Carneiro arrives at Croydon Employment Tribunal earlier today. Photo: Beretta/Sims/REX/Shutterstock

Former Chelsea FC team doctor Eva Carneiro has settled her employment tribunal claim against the club and Jose Mourinho for an undisclosed sum.

Carneiro, who left the club after being removed from first-team duties last summer, brought claims for constructive dismissal and sex discrimination against Chelsea and the team’s manager at the time, Jose Mourinho.

The case, being heard at Croydon Employment Tribunal this week, heard that Carneiro claimed Mourinho had called her the “daughter of a whore” in Portuguese.

In a statement to the tribunal, Mourinho, who was last week installed as manager of Manchester United, said: “Filho da puta is a phrase I often use, all of the players know it. There is no sexist connotation in the use of the phrase – it is just like saying ‘f*** off’.

“In the world of football a lot of swear words are used.”

It was widely reported yesterday that Carneiro had rejected a £1.2 million offer to settle the claim out of court.

Mourinho publicly criticised Carneiro after she ran onto the pitch during a stoppage to treat Eden Hazard towards the end of Chelsea’s 2-2 draw against Swansea on 8 August 2015.

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Chelsea goalkeeper Thibaut Courtois had already been sent off. The rules for injured players meant that Eden Hazard had to leave the pitch, temporarily reducing Chelsea to nine players.

Mourinho described her actions as “naive”. Carneiro left after her role was substantially changed so that she was no longer on the bench during matches.

Carneiro settlement

In a statement Chelsea said it was “pleased to announce that it has reached an agreement with Dr Carneiro which brings her employment tribunal proceedings against the club and Jose Mourinho to an end”.

The statement continued: “The club regrets the circumstances which led to Dr Carneiro leaving the club and apologises unreservedly to her and her family for the distress caused. We wish to place on record that in running onto the pitch Dr Carneiro was following both the rules of the game and fulfilling her responsibility to the players as a doctor, putting their safety first.

“Dr Carneiro has always put the interests of the club’s players first. Dr Carneiro is a highly competent and professional sports doctor. She was a valued member of the club’s medical team and we wish her every success in her future career.

“Jose Mourinho also thanks Dr Carneiro for the excellent and dedicated support she provided as first team doctor and he wishes her a successful career.”

Carneiro said: “I am relieved that today we have been able to conclude this tribunal case. It has been an extremely difficult and distressing time for me and my family and I now look forward to moving forward with my life.

“My priority has always been the health and safety of the players and fulfilling my duty of care as a doctor.”

Rob Moss
Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. He specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts, most recently on the challenges created by the coronavirus pandemic. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

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