Eva Carneiro Had Role Downgraded After Criticism From Jose Mourinho

Specialist employment lawyers from Irwin Mitchell have said it is likely that Chelsea Football Club's former doctor Eva Carneiro is considering legal action and specifically a case for constructive dismissal after she left her role at the current Premier League Champions.

Eva Carneiro was due to return to work last Friday but it is understood that she has not been back to the club and is now considering her legal rights. The team doctor had her role downgraded after Mourinho called his medical staff, including Eva, “impulsive and naïve” and said they “didn’t understand the game” after treating Eden Hazard during their opening match of the season against Swansea. 

Carneiro, who seemed to be simply following the laws of the game, ran on the pitch to check on the welfare of Player of the Year Eden Hazard after he went down injured. This meant that the player had to come off the pitch for a brief period of time, which riled Mourinho as his team were already down to ten men after their goalkeeper had been sent off. 

Jose Mourinho subsequently downgraded Eva’s role and confirm that she would no longer attend matches or training sessions which were a significant part of her job. Despite being roundly criticised by health professionals, sport experts and the media, the Chelsea FC manager stood by his decision and added that he had a “good relationship” with all of his medical staff. 

Eva Carneiro responded on social media by writing a post on Facebook expressing "thanks to the general public for their overwhelming support." This was then criticised by one of her predecessors Ralph Rodgers who said the Facebook comment was not "ethical" and stated it would be "difficult" for the 41-year-old to regain Mourinho's trust.

Just last week it was reported that the FA is now looking into a complaint that Jose Mourinho used abusive or sexist language towards Eva when he launched an angry tirade after Eden Hazard had been made to leave the pitch.

They are studying footage after a member of the public made an official complaint about the language he used.

Expert Opinion

“Although football tends to live in a world of its own, it is fair to say that nobody has benefited from this very public incident. <br/> <br/>“Despite all the uncertainty Chelsea FC are believed to have asked Eva Carneiro to return and the fact she has chosen not to, does suggest that legal action may well be on the horizon. If Eva feels she had no choice but to resign due to a hostile work environment then that could lead to a case of constructive dismissal with the doctor claiming that her employers actions amount to a fundamental breach of contract entitling her to resign. <br/> <br/>“She may also aim to prove that Mourinho’s comments when speaking to reporters were insulting, inflammatory and even possibly sexist. You have to ask yourself in what other employment sector would a boss be able to speak in public about their member of staff in such an alleged way and seemingly escape punishment. <br/> <br/>“Finally there is the on-going FA investigation. Although details are few and far between at this stage if it is proven that Jose Mourinho did speak to a member of staff in a derogatory way, using foul and abusive language, then that would certainly strengthen her position and any legal case against the club. Should there be any truth in this, then it may be that a claim for sexual discrimination could be brought against the club and specifically Mourinho himself in an Employment Tribunal. <br/> <br/>“Even Eva’s post on social media could be a factor in any legal action. As although the Facebook status seemed innocent, it could have breached Chelsea’s policies to discuss any issue related to the football club. Either way it is an important reminder that employees can face disciplinary action even if a comment is made outside of work or, like in this instance, on personal accounts. <br/> <br/>“Ultimately, it is always very dangerous to try and second guess a profession like football and the rules it abides by. However, after everything that has occurred, it would be very surprising if this was the last we heard on the subject and when you review all the timeline of events it appears legal action, or at least the threat of it via legal channels which are then resolved out of court, could well be not too far away.” Glenn Hayes - Partner