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Has Chelsea FC’s treatment of Eva Carneiro breached employment laws?

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Chelsea Football Club made the headlines for the wrong reasons following Jose Mourinho’s alleged mistreatment of club doctor Eva Carneiro.

Now that Carneiro has left her role at the club, legal expert Sarah Cheetham looks at the potential employment law implications.

Background

Carneiro came under fire from club manager, Jose Mourinho, after entering the pitch to treat Eden Hazard during the closing minutes of the Premier League fixture against Swansea on August 8.

Match rules state that players must be taken to the side-lines if receiving medical treatment, so the move temporarily decreased Chelsea’s number of on-pitch players to just nine men, increasing the club’s risk of losing the match.

Infuriated by the decision, Mourinho slammed Carneiro and Jon Fearn – the head physiotherapist who treated Hazard alongside Carneiro – branding the action as “compulsive and naive”, stating that the staff needed to “understand the game”. It is also alleged by a member of the public that Mourinho directed sexist and abusive language towards Ms Carneiro, a claim being looked into by the Football Association (FA).

Following the tirade, Carneiro was stripped of her match day and training session duties, and has now left the club.

A case for constructive dismissal?

Under law governing employment relationships, the criticism could be seen as ‘public humiliation’ and a breach of trust and confidence, meaning Chelsea FC has breached its duties as Carneiro’s employer. This gives Carneiro a case for constructive dismissal, further evidenced through her demotion, which was brought about by no fault of her own.

According to General Medical Council (GMC) guidance, doctors have a duty of care to make patients their primary concern, so if Carneiro hadn’t treated Hazard there could be an argument that she would have breached her professional obligations as a doctor.

If legal action is sought for constructive dismissal, under current rules Carneiro could be awarded up to £78,335 or a year’s salary – whichever is the greater amount.

Abusive language

The Football Association has confirmed that it is currently investigating a complaint that Mourinho used abusive language towards Carneiro, and under its ‘rule E3’, players and coaches can be penalised for using “offensive, insulting or abusive language and/or gestures”.

If proven, this could be used to further enhance Carneiro’s potential claim for constructive dismissal, alongside the breach of trust and confidence.

Sex discrimination

The 42-year-old could also have a case for sex discrimination. The Equality Act 2010, which is a statutory right that all workers have, makes it unlawful for an employer to discriminate against employees because of their gender.

Evidence compiled by the Women in Football Network alleges that the abusive comments made by Mourinho specifically refer to Carneiro. They allege the swear words were used in a feminine context.

If a claim of this type is brought against Chelsea FC, Carneiro could pursue an uncapped amount of compensation.

What can we learn from the case?

The case is an example of how comments made in the workplace can have profound repercussions, not just financially but in a reputational context too. While Chelsea FC’s actions have undermined Carneiro’s professional reputation in the short term, the end result will most certainly only reflect badly on the club.

To protect against incidents of this type, employers need to ensure that clear policies are in place in relation to equal opportunities and what amounts to bullying and harassment. Training should also be provided to all members of staff, explaining that abusive and sexist language or behaviour is prohibited and shall be investigated and dealt with by way of disciplinary action.

For more information on protecting your business against claims for constructive dismissal or sex discrimination, contact Sarah Cheetham, employment solicitor at Harrison Drury, on 01772 258321.

Find out more about HR Compass, Harrison Drury’s specialist employment law product. HR Compass comprises three core components designed to offer seamless financial and business continuity protection for businesses. These include an employment law health check, expert fixed-fee employment law advice and an insurance policy to protect against the cost of employment claims.


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