Red card for Mourinho in Eva Carneiro case as legal action looms
14 September 2015 by Marketing Team
The controversy surrounding Chelsea doctor Eva Carneiro continues to make the headlines as it has now been reported that she is considering legal action against the football club…..
Eva Carneiro may potentially have grounds to make claims for constructive dismissal and sex discrimination following the comments by Chelsea manager, Jose Mourinho.
If you’re not aware of the original situation, to recap; In the opening match of the season Chelsea were level with Newcastle coming into the final minutes of the game and were playing with only ten men as goalkeeper Thibaut Courtois had been dismissed earlier on in the half. When Chelsea talisman Eden Hazard then became injured and required medical attention, he had to temporarily leave the field with Carneiro in order to receive treatment, meaning Chelsea were left with just nine men on the field.
Mourinho, feeling Hazard was not injured sufficiently enough to be taken off, was critical of Carneiro’s actions in his post-match press conference, and has subsequently chosen not to have her on the bench on matchdays in favour of another doctor. He has also not permitted her to attend the club’s training centre, or have access to the team hotel. Mourinho’s actions are perhaps unsurprising given his controversial nature, and will be seen by many as just another excuse after throwing a game away.
The seriousness of what was said is not to be underestimated, and the publicity and reach had been far more widespread than might have initially been imagined with voices from the legal, medical and football professions wading in with their opinions. Even FIFA, the football world governing body is now planning changes and new rules for the code of ethics which managers and doctors have to abide to. Whichever way you look at it, the issue is not going away and it could potentially get a lot worse for Chelsea.
Now that Carneiro has not worked for the club since the first game of the season, it is likely that she will soon begin legal proceedings against the club, with sexism thought to be forming a key part of her case. The sexism allegations stem from Mourinho’s comments after the game in which he said: “Even if you are a kit man, a doctor or a secretary on the bench, you have to understand the game”.
At a Soccerex Convention in Manchester, Mary O’Rourke QC commented on why she felt Carneiro would have a strong case: “The medical team did nothing wrong because their duty was to the player as their patient. Their job in the club is to look after the players, not to run the team and be tactically aware.” O’Rourke also raised the point that ninety-five percent of secretaries are women and, Mourinho should therefore not be surprised his comments have been branded sexist.
It will be interesting to see whether a Court of Law views Mourinho’s comments as ambiguous, or genuinely sexist. In the mean time one thing is for certain, it is not a good time to be Jose Mourinho amidst not only these sexism allegations but Chelsea only having taken 4 points from a possible 15 in their opening 5 matches!
If you feel as if you have experienced discrimination at work, or require advice as an individual or a business, on any Employment issues, do not hesitate to get in contact with us at Fisher Jones Greenwood.
Our Employment team can be contacted by phone on 01245 890110 or by email at BBaird@fjg.co.uk.
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