Eva Carneiro sues Chelsea for constructive dismissal after failing to agree settlement with the club over touchline row

  • Former Chelsea doctor Eva Carneiro was dropped from the Chelsea bench 
  • Carneiro riled manager Jose Mourinho by rushing to the aid of Eden Hazard in the 2-2 draw against Swansea at Stamford Bridge on August 8 
  • Carneiro's lawyers have served notice on the club that she intends to seek a claim for constructive dismissal
  • Her lawyer served the papers this week after failing to agree a settlement with Chelsea

By Martyn Ziegler, Press Association

Published: | Updated:

Former Chelsea team doctor Eva Carneiro's lawyers have served notice on the club that she intends to seek a claim for constructive dismissal.

It is understood that legal papers were served on the club this week and these will trigger an employment tribunal unless an out-of-court settlement can be agreed before a hearing takes place.

Carneiro's lawyer served the papers this week after failing to agree a settlement with Chelsea so far. The three-month period in which a claim must be notified ends on November 8. 


Scroll down for video 

Carneiro's lawyers have served notice on the club that she intends to seek a claim for constructive dismissal

Former Chelsea team doctor Eva Carneiro's lawyers have served notice on the club that she intends to seek a claim for constructive dismissal

Carneiro and physio Jon Fearn were criticised by Chelsea boss Jose Mourinho in August's draw with Swansea

Carneiro and physio Jon Fearn were criticised by Chelsea boss Jose Mourinho in August's draw with Swansea

The doctor was dropped from first-team duties on August 8 and has since left the club

The doctor was dropped from first-team duties on August 8 and has since left the club

WHAT IS CONSTRUCTIVE DISMISSAL?

According to Gov.uk, constructive dismissal is when an employee is forced to leave their job against their will because of an employer’s conduct.

Reasons for an employee to leave a job under constructive dismissal include being demoted for no reason, being forced to accept unreasonable changes to how they work or allowing other employees to harass or bully them.

Constructive dismissal can also be referred to as constructive discharge or constructive termination. 

In order to pursue a claim from constructive dismissal you must show that an employer committed a serious breach of your employment contract.

An employment tribunal hearing would take place in public and could be potentially embarrassing for the club, and for that reason such cases are usually settled beforehand. Chelsea have previously said they cannot comment on internal staffing matters.

The doctor was dropped from first-team duties on August 8 after she and physio Jon Fearn were criticised by manager Jose Mourinho for going on to the pitch to treat Eden Hazard - the player had to leave the field temporarily as a result meaning Chelsea were briefly down to nine men.

Mourinho has since been cleared by the Football Association of using discriminatory language towards Carneiro but the doctor has criticised the governing body over its investigation. 

She said earlier this month: 'I was surprised to learn that the FA was allegedly investigating the incident of August 8 via the press. I was at no stage requested by the FA to make a statement.

'I wonder whether this might be the only formal investigation in this country where the evidence of the individuals involved in the incident was not considered relevant. 

'Choosing to ignore some of the evidence will surely influence the outcome of the findings.'

Mourinho has since been cleared by the FA of using discriminatory language towards Carneiro

Mourinho has since been cleared by the FA of using discriminatory language towards Carneiro

Carneiro joined Chelsea in 2009 and had worked with the club's first team from 2011 until August of this year

Carneiro joined Chelsea in 2009 and had worked with the club's first team from 2011 until August of this year

THE EVA CARNEIRO ROW - DEVELOPMENTS AS THEY HAPPENED

August 8 - With Chelsea struggling late on in their Barclays Premier League opener at home to Swansea, Hazard went to ground and the referee called for treatment, at which point Carneiro and physio Jon Fearn went on to the pitch to treat him.

After the 2-2 draw, Mourinho branded his medical staff 'impulsive and naive' as treating Hazard meant Chelsea would be temporarily down to nine men - Thibaut Courtois had already been sent off. 'Whether you are a kit man, doctor or secretary on the bench you have to understand the game,' Mourinho said.

August 11 - It emerged that Carneiro's role at the club was to change with a downgrading of responsibilities, limiting her to the team's training base as she would no longer attend matches.

August 12 - FIFA's chief medical officer Jiri Dvorak was among those to denounce Chelsea's treatment of Carneiro, with the medical community pointing out that she and Fearn had no choice but to respond to the referee's instruction to come on to the pitch.

August 14 - Mourinho confirmed neither Carneiro nor Fearn would be on the bench for Chelsea's next match against Manchester City, but said they might return in the future.

September 11 - FIFA said it would draw up a new code of practice for team doctors in the wake of the controversy.

September 22 - After Carneiro parted company with Chelsea, Football Association board member Heather Rabbatts expressed her 'sadness and anger' at the Portuguese's departure from the club.

September 23 - The Football Medical Association stated it would continue to support Carneiro 'on a professional level'.

September 24 - Premier League Doctors' Group called for safeguards to be in place for team doctors.

September 30 - The FA confirmed Mourinho would face no action over allegations he made discriminatory comments towards Carneiro during the August 8 confrontation. Women in Football questioned the verdict, while the FA said an 'independent academic expert in Portuguese linguistics' had been called upon to analyse footage of the incident.

October 1 - Rabbatts expressed 'major concerns' over the FA's handling of the disciplinary process, with FMA chief executive Eamonn Salmon expressing surprise over the absence of Carneiro as a witness. FA chairman Greg Dyke, in a letter to council members, admitted Mourinho should have apologised amid 'a failure of his personal judgement and public behaviour'.

October 2 - Carneiro issued a statement insisting she was not requested by the FA to make a statement about Mouinho's alleged remarks. Also said the FA did not ask her for a statement after she was the victim of sexist abuse at West Ham in March and criticised a lack of support from football authorities.

October 29 - Carneiro's lawyers serve notice on the club that she intends to seek a claim for constructive dismissal.

Most watched Sport videos

Sorry we are not currently accepting comments on this article.