Eva Carneiro seeking to reach settlement with Chelsea and Jose Mourinho in private employment tribunal on Monday

  • Eva Carneiro is claiming constructive dismissal against Chelsea 
  • Carneiro also has separate personal legal action against Jose Mourinho
  • All three parties are scheduled to be represented at Croydon Employment Tribunal on Monday

By Matt Mcgeehan, Press Association

Published: | Updated:

Chelsea and Jose Mourinho face the prospect of their dispute with former first-team doctor Eva Carneiro being made public in June - if no agreed settlement can be reached in a private employment tribunal on Monday.

Carneiro is claiming constructive dismissal against Chelsea and has a separate personal legal action against Mourinho, who left the club in December, for alleged victimisation and discrimination.


She was criticised by Mourinho and dropped from first-team duties following the draw with Swansea on the opening day of the Premier League season last August.

Eva Carneiro and Jose Mourinho had a touchline row during Chelsea's draw with Swansea in August

Eva Carneiro and Jose Mourinho had a touchline row during Chelsea's draw with Swansea in August

Carneiro runs past Mourinho and on to the pitch to treat Eden Hazard at Stamford Bridge

Carneiro runs past Mourinho and on to the pitch to treat Eden Hazard on the Stamford Bridge pitch

Mourinho shouts towards Carneiro shortly before Chelsea were reduced to nine men temporarily

Mourinho shouts towards Carneiro shortly before Chelsea were temporarily reduced to just nine men

All three parties are scheduled to be represented at Croydon Employment Tribunal on Monday in a judicial review hearing, which will be conducted in private.

Any settlement proposed by the judge must be agreeable to Carneiro, Chelsea and Mourinho, otherwise the case would be scheduled to proceed to an employment tribunal which would be heard in public in June.

Witness statements and documents - including texts and emails - would likely be made public, while Carneiro, Mourinho and representatives from Chelsea could be called to appear as witnesses.

Carneiro and head physio Jon Fearn treat Hazard during the second half of Chelsea's opening day draw

Carneiro and head physio Jon Fearn treat Hazard during the second half of Chelsea's opening day draw

Portuguese boss Mourinho, pictured as the incident happened, claimed Carneiro was 'impulsive and naive' for running on to treat Hazard - but he claims that swear words said on the touchline were not aimed at the doctor

Portuguese boss Mourinho claimed Carneiro was 'impulsive and naive' for running on to treat Hazard

That could be difficult for Mourinho, who is keen to return to management and has been linked with a move to Manchester United, with Louis van Gaal's position under scrutiny.

However, there is also the prospect that Chelsea, who have refused to comment on the proceedings, and Mourinho could settle the case at any time.

Carneiro in January appeared at a tribunal hearing for three hours, but no settlement was reached.

The 42-year-old doctor was dropped from first-team duties after then-Chelsea manager Mourinho criticised her and first-team physio Jon Fearn for going on to the pitch to treat Eden Hazard on the opening day of the season.

The action meant that Chelsea were temporarily down to nine men against Swansea, and afterwards Mourinho called Carneiro and Fearn 'impulsive and naive'.

Carneiro parted ways with Chelsea in September but Fearn (right) has remained with the Premier League club

Carneiro parted ways with Chelsea in September but Fearn (right) has remained with the Premier League club

Carneiro did not appear on the bench again for first-team duties and later parted company with the club.

Mourinho was cleared of using discriminatory language towards Carneiro following an investigation by the Football Association.

Afterwards, Carneiro and the FA's independent board member, Dame Heather Rabbatts, criticised the governing body for not interviewing the doctor as part of its investigation.

Carneiro has also had backing from FIFA's medical chairman, Michel D'Hooghe, who contacted the doctor to offer his support and that of the world governing body. He has backed Carneiro's insistence that she was simply doing her job.

THE EVA CARNEIRO ROW - DEVELOPMENTS AS THEY HAPPENED

August 8 - With Chelsea struggling late on in their Barclays Premier League opener at home to Swansea, Hazard went to ground and the referee called for treatment, at which point Carneiro and physio Jon Fearn went on to the pitch to treat him.

After the 2-2 draw, Mourinho branded his medical staff 'impulsive and naive' as treating Hazard meant Chelsea would be temporarily down to nine men - Thibaut Courtois had already been sent off. 'Whether you are a kit man, doctor or secretary on the bench you have to understand the game,' Mourinho said.

August 11 - It emerged that Carneiro's role at the club was to change with a downgrading of responsibilities, limiting her to the team's training base as she would no longer attend matches.

August 12 - FIFA's chief medical officer Jiri Dvorak was among those to denounce Chelsea's treatment of Carneiro, with the medical community pointing out that she and Fearn had no choice but to respond to the referee's instruction to come on to the pitch.

August 14 - Mourinho confirmed neither Carneiro nor Fearn would be on the bench for Chelsea's next match against Manchester City, but said they might return in the future.

September 11 - FIFA said it would draw up a new code of practice for team doctors in the wake of the controversy.

September 22 - After Carneiro parted company with Chelsea, Football Association board member Heather Rabbatts expressed her 'sadness and anger' at the Portuguese's departure from the club.

September 23 - The Football Medical Association stated it would continue to support Carneiro 'on a professional level'.

September 24 - Premier League Doctors' Group called for safeguards to be in place for team doctors.

September 30 - The FA confirmed Mourinho would face no action over allegations he made discriminatory comments towards Carneiro during the August 8 confrontation. Women in Football questioned the verdict, while the FA said an 'independent academic expert in Portuguese linguistics' had been called upon to analyse footage of the incident.

October 1 - Rabbatts expressed 'major concerns' over the FA's handling of the disciplinary process, with FMA chief executive Eamonn Salmon expressing surprise over the absence of Carneiro as a witness. FA chairman Greg Dyke, in a letter to council members, admitted Mourinho should have apologised amid 'a failure of his personal judgement and public behaviour'.

October 2 - Carneiro issued a statement insisting she was not requested by the FA to make a statement about Mouinho's alleged remarks. Also said the FA did not ask her for a statement after she was the victim of sexist abuse at West Ham in March and criticised a lack of support from football authorities.

October 29 - Carneiro's lawyers serve notice on the club that she intends to seek a claim for constructive dismissal.

January 6 - First tribunal hearing takes place in Croydon, south London

 

Jose Mourinho

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