The news that Chelsea Football Club Dr Eva Carneiro has issued proceedings in the Employment Tribunal against the club manager Jose Mourinho is clear evidence that she is pursuing a claim of sex discrimination as well as constructive dismissal.
Unlike unfair (constructive) dismissal claims which can only be brought against the employer, discrimination claims can also include individual colleagues/former colleagues as Respondents.
If the matter is not settled, which is highly likely given the enormous publicity which Chelsea in particular would wish to avoid, both individuals would be required to give evidence in person at the Tribunal hearing. The claim results from the events during the club’s 2-2 draw against Swansea City on 8th August when Mourinho accused Dr Carneiro of being compulsive and naive when she and a medical colleague rushed on to the pitch to treat a player when Chelsea were already down to 10 men. She was then stripped of her first team duties and essentially banned from the bench, training sessions and the team hotel.
Her claim for constructive dismissal will rest upon the proposition that she was publicly undermined and humiliated by her manager and that this conduct amounted to a breach of contract entitling her to resign and claim constructive dismissal. The discrimination claim will doubtless allege that she was treated less favourably by reason of the fact that she is woman. However, her claim is likely to be contested by Chelsea and Mourinho on the basis that Jon Fearn, her male colleague, was also subjected to similar treatment. The club could argue that whilst this treatment may have been unpleasant, it did not amount to sex discrimination because both were treated equally badly.
The claim would take several months to come to trial and no doubt behind the scenes, negotiations will be taking place to ensure that this does not happen, especially given Chelsea and Mourinho’s continuing problems on the pitch.constructive dismissal.
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