Eva Carneiro tribunal: Ex-Chelsea doctor 'turned down £1.2m compensation package'

David Churchill6 June 2016

Ex-Chelsea FC team doctor Eva Carneiro turned down £1.2million and the offer of having her first-team role back after a row with former manager Jose Mourinho, it was claimed today.

Dr Carneiro is claiming constructive dismissal against the West London club and has a separate, but connected, personal legal action against Mourinho for alleged victimisation and discrimination.

She was criticised by Mourinho and dropped from first-team duties after she went on to the pitch to treat Eden Hazard during a draw with Swansea on the opening day of the Premier League season last August.

At Croydon Employment Tribunal it was today claimed Dr Carneiro chose to resign from her role despite the offer of her front bench job back and the offer of a seven-figure sum.

What Eva Carneiro demanded, according to Chelsea:

An increase of more than 40 per cent in her basic salary

A severance payment of one year’s salary, should she suffer any harassment or her role be compromised

An extension of her notice period from three to six months

A “structured, objective and robust” bonus scheme to “properly reward me for my contribution to the club’s success”

An immediate return to her position on the bench

A “substantial payment” in compensation for distress

In documents filed by the club, also on behalf of Mourinho, they "deny that the claimant has been treated unlawfully in any way."

The documents add: "Had she not resigned, she would now be carrying on her duties as First Team doctor as she did previously.

"Instead, she adopted a provocative approach and refused to engage in steps to rebuild her relationship with Mr Mourinho.

Former Chelsea FC team doctor Eva Carneiro gets into a taxi outside Croydon Employment Tribunal (Anthony Devlin/PA )
Anthony Devlin/PA

“Moreover, she indicated a willingness to remain at Chelsea only if her wholly unrealistic and extravagant financial (and other) demands were met.

"The claimant has been offered her job back on more than one occasion.

"She has been made an open offer of £1.2million to settle her claims, far more than the respondents believe she could realistically recover even if she succeeded on all her claims."

Former team doctor: Eva Carneiro with Mourinho (Michael Zemanek/BPI/Rex)
Michael Zemanek/BPI/Rex Features

The tribunal also heard that Mourinho is set to be quizzed over his alleged swearing when he appears to give evidence, due to a dispute between the pair about what he said to her on the pitch during the Swansea game.

The panel was read an extract from Mourinho’s statement in which he concedes that he used the Portuguese term “filho da puta”, meaning “son of a bitch or whore”, but that he had been using it throughout the match.

He said: “Filho da puta is a phrase I often use, all of the players know it. There is no sexist connotation in the use of the phrase - it is just like saying ‘f*** off’.”

However, Dr Carneiro alleges that Mourinho used the term “filha da puta”, meaning “daughter of a bitch or whore”.

Mary O’Rourke QC, for the claimant, said: “He uses the word ‘filha’ because he is abusing a woman.'”

Daniel Stilitz, representing Chelsea and Mourinho, said: “These Portuguese swear words need to be in the context and need to be understood in the general way in which the second representative (Mourinho) used it.”

The documents submitted by Chelsea reveal that after Dr Carneiro was promoted to first team doctor in 2011 and Mourinho re-joined the club for his second spell as manager in 2013, the pair had a “good working relationship”.

It was also hoped Dr Carneiro would one day be promoted to Medical Director at the club.

However, complications began to emerge. In particular, in one match during the 2014/15 season it is said Mourinho raised concerns about the speed at which Dr Carneiro and physio Jon Fearn entered the pitch at a crucial point in a match to treat defender Gary Cahill when he was visibly hurt.

In another match against Fiorentina on 5 August 2015, according to the documents, Mourinho is also said to have been concerned about the length of time Dr Carneiro took to assess whether winger Victor Moses needed to be substituted after receiving a knock to the head.

The club accuses her of becoming “increasingly preoccupied with developing her profile and associating herself with the first team,” including signing autographs and seeking to position herself behind Mourinho during televised matches.

Tribunal claims: Former Chelsea team doctor Eva Carneiro and her husband Jason De Carteret 
Frank Augstein/AP

She is also accused of “secretly briefing against Chelsea to the media, in flagrant breach of the club’s communication policy and disciplinary procedure.”

During the game against Swansea on 8 August, the club acknowledges Mourinho was “angry and upset” after Mr Fearn and Dr Carneiro entered the pitch at a late stage in the game when the scores were level.

But the club and Mourinho claims it is “plainly unwarranted” that the language was “gendered and targeted specifically at her” and that the “strongest language” was directed at Mr Fearn because he ran out onto the pitch first.

It is also said Dr Carneiro was “wholly unapologetic” for a Facebook post thanking people for their support after Mourinho criticised the medical team in a post-match interview.

The former first team doctor also made a series of demands to reconcile the situation, according to the club, including:

  • An increase of more than 40 per cent in her basic salary

  • A severance payment of one year’s salary, should she suffer any harassment or her role be compromised

  • An extension of her notice period from three to six months

  • A “structured, objective and robust” bonus scheme to “properly reward me for my contribution to the club’s success”

  • An immediate return to her position on the bench

  • A “substantial payment” in compensation for distress

However, Chelsea decided the demands were “extravagant” and said they would not agree to them.

The hearing continues.

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