Eva Carneiro sues Chelsea for constructive dismissal after failing to agree on a settlement with the club over touchline row.
Lawyers acting for the former Chelsea team doctor Eva Carneiro have served notice on the club that she intends to bring a claim for constructive dismissal, having failed as yet to agree on a severance package following her departure last month.
Legal papers are understood to have been served on the Premier League champions earlier this week as time in the three-month window permitted for claimants to lodge any complaint ticked down towards its deadline of 8 November. The papers will trigger an employment tribunal unless an out-of-court settlement can be agreed before a hearing takes place. Such tribunals are conducted in public and could be embarrassing for either defendant or claimant, meaning a compromise is usually struck beforehand.
Carneiro and the club’s physio Jon Fearn were publicly criticised by Chelsea’s manager, José Mourinho, for legitimately entering the field of play to treat Eden Hazard in stoppage time at the end of the 2-2 draw with Swansea City on 8 August. The referee, Michael Oliver, had waved the medical staff onto the pitch, with the Belgium international apparently in need of treatment – the medics were obliged to comply – although that meant the hosts played out a period of added time with only nine men on the field after the earlier dismissal of Thibaut Courtois.
Mourinho has since been cleared by the Football Association of using discriminatory language towards Carneiro, but the doctor has criticised the governing body over its investigation.
She said earlier this month: “I was surprised to learn that the FA was allegedly investigating the incident of August 8 via the press. I was at no stage requested by the FA to make a statement.
“I wonder whether this might be the only formal investigation in this country where the evidence of the individuals involved in the incident was not considered relevant.
“Choosing to ignore some of the evidence will surely influence the outcome of the findings.”
Although there is still scope for compromise to be reached, the ramifications of the fallout have added to the sense of chaos at Chelsea over what has been a traumatic season. Mourinho and his team go into Saturday’s potentially pivotal game against Liverpool 15th in the Premier League table after five defeats in 10 matches and with two disciplinary issues hanging over the manager.
The Portuguese and his assistant Silvino Louro will be in the dugout at Stamford Bridge, despite being sent to the stands at West Ham last Saturday, with their misconduct charges to be heard by a commission next week at the earliest.
The Chelsea manager is also appealing against a £50,000 fine and suspended one-match stadium ban for suggesting officials were “afraid” to award his side decisions following the defeat by Southampton on 3 October. That appeal over the scale of the punishment was initially expected to be heard this week.