NEWS & RESOURCES

Former Chelsea Doctor Claims for Constructive Dismissal

Former Chelsea first team doctor Eva Carneiro has lodged a claim of constructive dismissal against her former employer.

Chelsea’s Premiere League defence started with a 2-2 draw against Swansea on the 8th August. Towards the closing stages of the game and with the scores already level Eden Hazard received an injury. After being motioned on to the pitch twice by the referee, Chelsea doctor Carneiro and head physio Jon Fearn ran on to the pitch to treat Hazard, who then had to leave the field temporarily.

As Chelsea were already down to ten players following the sending off of their goalkeeper this reduced the team to nine men. There were allegations that Chelsea manager Jose Mourinho verbally abused Carneiro at the side of the pitch for her actions, before going on to criticise his medical staff as “impulsive and naïve” in a post-match TV interview.

Following the game Mourinho removed Carneiro from the first team bench and the club told her that she was no longer required to attend matches or training sessions. She resigned from her position in September.

The matter had just about faded from the public eye last week when Carneiro raised a claim of constructive dismissal against the club.

What can we learn from the Chelsea doctor case?

Demoting an employee is possible but it can also be fraught with risk unless handled correctly. The Acas Code of Practice states that the normal sanctions available to an employer in a disciplinary case are either a written warning, a final written warning or a dismissal. You can only use demotion as a sanction against an employee if you have specifically worded it as such in their contract of employment.

If their is no provision in their contract of employment the employee is required to give their full agreement in order for you to demote them.

Employers also need to be careful of demotions in all but name. An employee claiming that their role has been downgraded is the cause of a significant number of constructive dismissal claims, even though no formal demotion has taken place. There may not be a change of job title or a cut in pay, but if you significantly alter your employee’s role and reduce their responsibilities it may appear to be a demotion all the same.

There are other factors in the Carneiro case; for example she is raising a separate claim against Mourinho regarding accusations of victimisation and discriminatory behaviour. Since Fearn does not appear to have suffered the same treatment as Carneiro she may have a valid point, but then their personal disciplinary records prior to the match in question are not public knowledge.

With the weight of the evidence apparently stacked in Carneiro’s favour the reigning champions, who have slumped to the worst title defence in Premier League history, may yet find their season going from bad to worse.


Do you need free HR advice about an employment issue? Request free HR advice to get one free consultation, of up to 30 minutes, with one of our HR experts today.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.