The Lessons That Can Be Learned From Humiliation

Two recent cases in the sporting sphere have highlighted employment law and personal injury issues that have general application for all employers.

Carneiro v Chelsea

We know that Eva Carneiro resigned and claimed constructive dismissal against Chelsea FC.

It is now reported that there will be a separate but connected claim served on Mourinho regarding claims against him and against the club. It is likely that the individual legal claim against Mourinho will be of victimisation and discrimination.

The circumstances in this case are well known. Eva Carneiro is an eminently well qualified Doctor specialising in sport. Chelsea were drawing 2-2 with Swansea and were down to 10 men. Star player Eden Hazard was lying prone, apparently injured. The referee, on two occasions, requested Dr Carneiro and physio, Jon Fearn, to enter the field to treat Hazard. Under General Medical Counsel guidelines Dr Carneiro was obliged to enter the pitch when called by the referee, regardless of whether the manager wanted her to treat the player. To ignore the call from the referee would have put her in breach of one of the GMC's first tenets. She was obliged to put the principles of the GMC above the wishes of her employer. By entering the field of play with the physio, she acted correctly. In addition, at the time, she was not aware of her manager's views.

José Mourinho's reaction was allegedly to:-

Criticise the Doctor and physiotherapist publicly for treating Hazard, claiming that they did not understand the game and that she was "naïve." Demote both from the bench and provide that they could no longer serve on match days, travel with the team, nor work with them at the training ground. Allegedly make discriminatory comments about the Doctor on grounds of sex. A number of issues arise from these circumstances including:-

In what other industry is someone demoted for doing their job outstandingly? It is probable that demotion without good cause is an express breach of the Doctor's contract. The implied term of trust and confidence would undoubtedly be breached by demotion in these circumstances. If Dr Carneiro can show a repudiatory breach of contract and that she resigned in reliance upon that breach, it would be an unfair dismissal. The employer would struggle to show what the potentially fair reason is. Sex Discrimination. Dr Carneiro could claim that she had been demoted because of the stereotype that as a woman, she did not understand football. Dr...