The recent altercation between the Chelsea manager and team doctor Eva Carneiro and physio Jon Fearn, when they entered the field of play to treat an injured player, has raised the issue of whether there could be a claim for constructive dismissal. Both were publicly undermined by the manager and effectively demoted when they were removed from the bench for Chelsea’s next game which, incidentally, they also lost .
On the one hand, those in high profile jobs must expect their roles and “workplace” disputes to come under public scrutiny but as employees they are also entitled to be treated with respect and dignity. A public dressing down has in previous cases led to a finding of constructive dismissal following the employee’s resignation in the face of such behaviour by their superior .
Employment law applies to Mr Mourinho whether he likes it or not and the general consensus amongst non Chelsea fans, whose views are no doubt tainted by their pre –existing allegiance to the self proclaimed “Special One“ is that he got it wrong, and the two medics would have a more than reasonable case.
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