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Chelsea Could Face Constructive Dismissal Lawsuit For Stripping Carneiro Of Her Duties

Eva Carneiro, the demoted Chelsea doctor, could have a case to "sue the club for constructive dismissal," according to David Conn of the London GUARDIAN. Lawyer Nick Wilcox of specialist employment firm Brahams Dutt Badrick French said that Carneiro "appeared clearly to have been fulfilling her duties" as a doctor to attend to Eden Hazard, who was "down on the pitch apparently injured, particularly after the referee, Michael Oliver, beckoned to the bench for attention." Chelsea's "stripping from Carneiro of her matchday and training session duties with the team," and Manager José Mourinho's public criticism of her appears "disproportionate," Wilcox said, and could amount to "public humiliation" which "breaches Chelsea's duties as her employer." Wilcox said that Chelsea's conduct appeared to have been "heavy-handed" and "disproportionate," particularly given General Medical Council guidance that doctors "must put their patients first, and could amount to a breach of their employers' duty" (GUARDIAN, 8/13). The SYDNEY MORNING HERALD reported Australian cricket team doctor Peter Brukner has "weighed in heavily" on the criticism and apparent marginalization of Carneiro by Mourinho. Brukner, who is currently on the Ashes tour with the Australian cricket team, said, "I thought it was appalling behavior by the manager. He has a player who has gone down, who has remained down and the referee obviously considered it serious enough to summon on the doctor and the physio" (SMH, 8/13).

MOURINHO STANDS FIRM: In London, Matt Lawton reported Mourinho "will resist all calls" to reinstate Carneiro despite a "huge backlash." On Wednesday the pressure mounted on Mourinho with:

  • Owner Roman Abramovich said to be "furious that Mourinho caused the controversy" by criticizing a senior employee on radio and TV.
  • Club officials "in crisis mode amid concerns that Carneiro is seeking both a public apology and legal advice with a view to possibly suing the club for constructive dismissal."
  • The Premier League doctors' group branding his treatment of Carneiro "unjust in the extreme."
It will "certainly not be lost on Abramovich, who has long been sensitive to bad PR for his football club, that days later the support for Carneiro remains as strong as the criticism for his manager." Members of the Chelsea hierarchy "were left stunned by Mourinho's decision to use the media to be so highly critical of Carneiro" (DAILY MAIL, 8/12).

FIFA WEIGHS IN: In London, Rory Smith wrote FIFA's top medical official said "managers have 'nothing to say' about the treatment of injuries."  Professor Jiri Dvorak, FIFA's chief medical officer, said he "endorsed the decision made by Carneiro and Fearn and maintained that Mourinho should defer to their expertise." Dvorak: “In medical aspects, in medical diagnosis, the manager has nothing to say. This is our professional law, and our ethical duty to look after the players’ health. I can’t see a situation [where a manager can tell doctors not to enter the field of play] and we have to defend the position of the doctor. Everyone involved has to respect the fact that the doctor is in charge" (LONDON TIMES, 8/14).

DOCTORS' GROUP EXPRESSES CONCERN: In London, Matt Law reported Mourinho has come under "fierce attack for cutting back" the duties of Carneiro and Jon Fearn. Mourinho suggested that Carneiro and Fearn did not "understand the game" after they attempted to treat Hazard in stoppage time. Video footage, however, showed that in the moments before the Chelsea medical staff ran on to the pitch, Oliver "twice turned to the bench after Hazard went down and signalled for the pair to come on." The Premier League Doctors' Group, led by chair Mark Gillett, director of performance at West Bromwich Albion, released a statement that expressed "concern" that Mourinho's actions put out a message "that results are more important than the wellbeing of players." The statement said, "It is a huge concern that Dr Carneiro has been subjected to unprecedented media scrutiny and a change in her professional role, merely because she adhered to her code of professional conduct and did her job properly" (TELEGRAPH, 8/12).

CARNEIRO OWED APOLOGY: In London, Ian Herbert opined the hypocrisy of Mourinho "defies belief so spectacularly that you wonder if this might actually be the moment when someone takes the man aside," discreetly makes the point and encourages something "as improbable as contrition" over his treatment of Carneiro. Everyone was "tip-toeing around the issue, as if aware that to challenge such an individual as this risked a Vesuvian response." Prospective football medics -- male or female -- now know about "what can befall them at the hands of a capricious manager." If a player falls to ground in a game's late stages, "we have to assume that medical staff may think twice about taking the field" (INDEPENDENT, 8/13).

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