Chelsea FC and Constructive Dismissal
The constructive dismissal case between Dr Eva Carneiro and Chelsea FC has finally come to an end – with the very public employment dispute being resolved with an undisclosed settlement amount.
Partner Zee Hussain answers the question: what effects do very public discrimination allegations have on a business when someone is dismissed?
The case brought forward by Dr Eva Carneiro, against both Chelsea FC and Jose Mourinho, began in August 2015. Carneiro claims that Mourinho discriminated against her with a sexist verbal slur after she entered the pitch to treat an injured player during the club's 2-2 draw with Swansea City.
In the aftermath of the game, Mourinho publicly criticised Dr Carneiro's actions, and in September - following a demotion - she left the football club.
Chelsea and Mourinho have been under fire for the way in which the issue was handled. During the case it was claimed that Mourinho did not want Carneiro working on the men's team, with the Portuguese manager allegedly saying that she should "work on the lady's team - not with me."
Last Minute Deal
The trial, which was due to take place the morning of the 7th June, was a result of Eva Carneiro rejecting the original £1.2million settlement offer made by the football club.
Mourinho and senior members of Chelsea turned up at the Employment Tribunal in Croydon to make a last minute offer, putting an abrupt end to the case, just moments before Dr Carneiro's testimonial.
It is expected that the final sum agreed was far higher than the initial amount.
The club also issued a very public and unreserved apology for the distress caused. The case proceedings were expected to last well over a week – with witness statements, documents, and communications all lined up – the settlement saved a lot of potentially embarrassing issues from being made public.
Zee comments:"The settlement prevents a public encounter between Carneiro and Mourinho, with potentially damaging consequences for both Mourinho and Chelsea FC. Carneiro took her claims to a full public employment tribunal alleging constructive dismissal against the club and victimisation and discrimination against Mourinho."
"Instead, matters have been mitigated through a confidential agreement and Chelsea have formally apologised to Carneiro for the way that she was treated."