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Eva Carneiro tribunal: Former Chelsea first-team doctor 'rejected £1.2m offer' to settle dispute

Carneiro is claiming constructive dismissal against the club while persuing a separate case against Jose Mourinho, the former Chelsea manager

Mark Critchley
Monday 06 June 2016 13:41 BST
Carneiro arriving at court with her husband, polar explorer Jason De Carteret
Carneiro arriving at court with her husband, polar explorer Jason De Carteret

Eva Carneiro, the former Chelsea first-team doctor, rejected a £1.2m settlement from the club, according to documents submitted on the first day of her employment tribunal.

Carneiro is claiming constructive dismissal against the club while also pursuing a separate legal case against Jose Mourinho, the former Chelsea manager, for alleged victimisation and sexual discrimination.

The 42-year-old doctor alleges that Mourinho abused her as she ran out on to the pitch to treat Eden Hazard in a home match against Swansea City on the opening day of the Premier League season last August.

Carneiro and physiotherapist Jon Fearn were demoted from first-team duties following the incident. Carneiro subsequently left the club in September.

A skeleton argument on behalf of Chelsea and Mourinho, made public following the opening day of proceedings at the London South Employment Tribunal in Croydon, stated that £1.2m was offered to Carneiro in order to settle the dispute.

According to her former employers, this was “far more than the respondents believe she could realistically recover even if she succeeded on all her claims” and was proposed in order to avoid legal proceedings. The offer was allegedly rejected.

It is also claimed that Carneiro was willing to return to work on the condition that her salary would be increased to £400,000-a-year and that she was awarded "a 'substantial payment' in compensation for her distress" demands which the club and Mourinho's argument described as "wholly unrealistic and extravagant".

Carneiro was presented as a publicity-hungry individual by her former employers, who noted that she nominated high-profile first-team player Branislav Ivanovic to do the 'Ice Bucket Challenge' and often sat behind Mourinho during televised matches.

The club's argument continued: "Contrary to the suggestion that the claimant was uninterested in the media, she twice gave interviews, had discussions about presenting a TV programme, and engaged a digital media consultant (without informing Chelsea).

"Most seriously of all, she secretly briefed against Chelsea to the media, in flagrant breach of the club's communication policy and disciplinary procedure."

Carneiro’s skeleton argument, by contrast, described the case as “a tale of two employees: one good and one bad. The bad employee forces the good employee out of the job of her dreams and the employer does nothing to stop it. The bad employee berates, sexually harasses and demotes the good employee for carrying out her professional duties.”

It went on to claim that, following the Swansea game, Mourinho told her to work with the academy or ladies' team and not with him. Carneiro also says she had to endure sexually explicit comments from her colleagues and claimed that there was a lack of action by Chelsea following similarly explicit chanting at various away games - in particular at Manchester United and West Ham United.

She also argues that she was not provided with a club suit and that Chelsea often failed to provide female changing facilities.

A key part of the case will be the precise meaning of Mourinho's comments to Carneiro as she ran onto the field to treat Hazard.

Caneiro claims that Mourinho shouted “filha da puta”, meaning ‘daughter of a whore’ in Portuguese, at her from the touchline as she ran onto the pitch.

She also alleges that the abuse carried on in the dressing room, when Mourinho told Chelsea medical director, Paco Biosca: "If they don't know how to do their jobs and they don't understand the game you get other ones. You have to understand the game."

In her written opening remarks, Mary O'Rourke QC, representing Dr Carneiro, submits: "Not understanding the game is a common allegation put to women in the football world."

Mourinho denies saying “filha da puta” but admits to using the term “filho da puta”, meaning ‘son of a bitch’.

In his statement, Mourinho said: "Filho da puta is a phrase I often use, all of the players know it. There is no sexist connotation in the use of the phrase - it is just like saying 'f*** off'.

"In the world of football, a lot of swear words are used."

An expert in Portuguese swearing will give evidence in the case, which will be heard over the next seven to 10 days. Mourinho is expected to give evidence at some stage of proceedings.

The tribunal was adjourned until 2pm on Tuesday.

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