Monday 2 November 2015

EVA CARNEIRO TO SUE CHELSEA AND JOSE MOURINHO FOR CONSTRUCTIVE DISMISSAL,


José Mourinho is to be the subject of an individual legal claim from the former Chelsea team doctor Eva Carneiro in addition to the action she is bringing against the club for constructive dismissal.

Press Association Sport understands legal papers will be served on Mourinho this week as part of separate but connected claims against him and the club.

It means Mourinho will have to appear in person at an employment tribunal unless the case is settled out of court. Under employment law, an individual can be personally liable for damages if victimisation or discrimination can be proved.

The claim against Mourinho will be on the basis he was instrumental in the actions against Carneiro in having her dropped from first-team duties and effectively demoted.

The latest development will heap more pressure on the 52-year-old who has seen his side lose six out of 11 matches in the Premier League to leave the champions in 15th spot.

The controversy over Carneiro goes back to 8 August, the opening day of the season, when Mourinho criticised her and the head physio, Jon Fearn, for going on to the pitch to treat Eden Hazard after being called on by the referee Michael Oliver. The action meant Chelsea were temporarily down to nine men against Swansea, and Mourinho called Carneiro and Fearn “impulsive and naive”.

Carneiro did not appear on the bench again for first-team duties and is seeking a claim for constructive dismissal after parting company with the club.

The doctor’s lawyers said neither she nor they could comment as the case is sub judice. Chelsea did not respond when asked to comment.

Mourinho was cleared of using discriminatory language towards Carneiro following an investigation by the FA, which caused further controversy after Carneiro revealed she had not been spoken to personally during the investigation, nor asked to provide any statement.

The FA’s chief executive, Martin Glenn, and the head of governance, Darren Bailey, are to be quizzed about the handling of the case by the governing body’s inclusion advisory board later this month.

The IAB’s chair, Heather Rabbatts, is under investigation by the FA following her comments criticising officials for not speaking to Carneiro in person during the Mourinho investigation.

It has been reported Charlton could be preparing an offer to Carneiro to work for them but no one at the Championship club was available for comment.

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