Chelsea’s doctor Eva Carneiro appears to be preparing to take legal action against the club after the collapse of talks aimed at securing her return to the bench. The doctor has not reported for work at the club for more than 6 weeks and it would appear that her departure may be inevitable. She is likely to agree to a severance package that would avoid legal proceedings and public scrutiny but has been advised that she has a strong case for constructive dismissal as a result of her treatment by manager Jose Mourinho.
It may be remembered that the Chelsea manager stripped Carneiro of her first team duties, including banning her from the bench, training sessions and the team hotel after accusing her of making a mistake when she and Jon Fearn, the physiotherapist, rushed on to the pitch to treat a player during the 2 – 2 draw against Swansea City on 8 August 2015.
Dr Carneiro was apparently asked to report for duty at the club’s training ground last Friday but opted not to do so, on the basis that she did not want to be seen to be accepting a demotion.
The undermining and public dressing down of an employee by a manager is capable of amounting to a fundamental breach of contract entitling the employee to resign and claim constructive dismissal.
Should you believe you have a case for constructive dismissal or wish to discuss any other employment matter please call 0113 320 5000 or email employment@winstonsolicitors.co.uk
