Eva Carneiro's constructive dismissal case against Chelsea to begin as former club doctor fails to agree settlement

  • Club doctor Eva Carneiro parted company with Chelsea in late September
  • Carneiro was involved in a row with manager Jose Mourinho in August
  • She angered Mourinho after running on the pitch to treat Eden Hazard
  • First hearing will take place at the London South Employment Tribunal
  • The full hearing could take place in June if a settlement is not agreed 

Former Chelsea team doctor Eva Carneiro's constructive dismissal case against the club will have its first tribunal hearing on Wednesday.

The preliminary hearing will take place at the London South Employment Tribunal in Croydon, and is expected to be in private before an employment judge.

The hearing will fix the timetable for the case, and deal with witness statements and disclosure of documents - including texts and emails - by each side, as well as any legal procedural disputes that current exist between the two parties.

Eva Carneiro and Jose Mourinho (right) had a touchline row during Chelsea's draw with Swansea in August

Eva Carneiro and Jose Mourinho (right) had a touchline row during Chelsea's draw with Swansea in August

Carneiro runs past Mourinho and on to the pitch to treat Eden Hazard at Stamford Bridge

Carneiro runs past Mourinho and onto the pitch to treat Eden Hazard on the Stamford Bridge pitch

Mourinho shouts towards Carneiro shortly before Chelsea were reduced to nine men temporarily

Mourinho shouts towards Carneiro shortly before Chelsea were reduced to just nine men temporarily

A date for a full hearing could be fixed for some time in June but there may be another preliminary hearing arranged before that takes place. The parties may also agree to a settlement before the case is heard.


Chelsea filed their defence in the case last month. Carneiro also has a separate personal legal action against former Chelsea manager Jose Mourinho, who left the club in December, for alleged victimisation and discrimination.

The claim against Mourinho will be on the basis that he was instrumental in the actions against Carneiro in having her dropped from first-team duties and effectively demoted. 

The 42-year-old doctor was dropped after Mourinho criticised her and the first-team physio Jon Fearn for going onto the pitch to treat Eden Hazard on the opening day of the season.

The action meant that Chelsea were temporarily down to nine men against Swansea, and afterwards Mourinho called Carneiro and Fearn 'impulsive and naive'. Carneiro did not appear on the bench again for first-team duties and later parted company with the club.

Mourinho was cleared of using discriminatory language towards her following an investigation by the Football Association. 

Carneiro and head physio Jon Fearn treat Hazard during the second half of Chelsea's opening day draw

Carneiro and head physio Jon Fearn treat Hazard during the second half of Chelsea's opening day draw

Mourinho, who was sacked by Chelsea in December, shows his frustration after Carneiro ran on the pitch

Mourinho, who was sacked by Chelsea in December, shows his frustration after Carneiro ran on the pitch

Portuguese boss Mourinho, pictured as the incident happened, claimed Carneiro was 'impulsive and naive' for running on to treat Hazard - but he claims that swear words said on the touchline were not aimed at the doctor

Portuguese boss Mourinho claimed Carneiro was 'impulsive and naive' for running on to treat Hazard

Afterwards, Carneiro and the FA's independent board member Dame Heather Rabbatts criticised the governing body for not interviewing the doctor as part of its investigation.

Carneiro said: 'I was surprised to learn that the FA was allegedly investigating the incident of 8th of August via the press,' she said. '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.

Carneiro parted ways with Chelsea in September but Fearn (right) has remained with the Premier League club

Carneiro parted ways with Chelsea in September but Fearn (right) has remained with the Premier League club

'Last season I had a similar experience at a game at West Ham FC, where I was subjected to verbal abuse. Following complaints by the public, the FA produced a communication to the press saying there had been no sexist chanting during this game. At no time was I approached for a statement despite the fact that vile, unacceptable, sexually explicit abuse was clearly heard.

'It is incidents such as these and the lack of support from the football authorities that make it so difficult for women in the game.'

Carneiro has also had backing from FIFA's medical chairman Michel D'Hooghe, who contacted the doctor to offer his support and that of the world governing body. He has backed Carneiro's insistence that she was simply doing her job.

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.

 

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