Dr Eva Carneiro, the former Chelsea first team doctor, who
brought employment tribunal claims of constructive dismissal and
sex discrimination against Chelsea and Jose Mourinho
(respectively), is understood to have settled her claims for a
The claims settled on day two of the two-week trial, a day on
which Dr Carneiro was due to give evidence. In opening submissions
given on the first day of the hearing, Chelsea sought to portray Dr
Carneiro as publicity hungry, self promoting and money grabbing. It
highlighted that Dr Carneiro had already rejected an offer of
£1.2 million to settle her claims. It also said that she
could not expect to achieve those sums even if she was successful
at tribunal. In their opening submissions, Dr Carneiro's legal
team told the tale of the "good employee" who was forced
out of "the job of her dreams", berated, sexually
harassed and demoted, by the "bad employee". They also
placed blame firmly with Chelsea, who they said confirmed Dr
Carneiro's demotion and told her to "build bridges"
with Mourinho, rather than looking into Mourinho's conduct.
To succeed with a constructive dismissal claim Dr Carneiro would
have needed to show a fundamental breach of her employment contract
entitling her to resign and treat herself as dismissed. As well as
focusing on the acts and omissions of Chelsea as her employer, Dr
Carneiro's legal team would have undoubtedly argued that
Chelsea should have been held vicariously responsible for the acts
of Jose Mourinho. These may have included Dr Carneiro's well
publicised allegations that Jose Mourinho called her a
"daughter of a whore" in Portuguese.
In support of her claims of sex discrimination and harassment
(and in addition to the above statement allegedly made by Jose
Mourinho), Dr Carneiro was said to have been relying on a series of
"sexist and derogatory" emails and text messages between
Jose Mourinho and his backroom staff.
The cap on compensatory awards in unfair dismissal claims is
currently £78,962 or 52 weeks' pay if this is lower.
While discrimination complaints are not capped, Dr Carneiro may
have recovered more under the terms of a settlement than she would
have been awarded at tribunal, had she succeeded with her
Dr Carneiro is said to be relieved that she can now move forward
with her life. No doubt Chelsea and Jose Mourinho (who was due to
give evidence next week) are also feeling some sense of relief, if
only about avoiding further bad press which has surrounded the
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The Court of Appeal has held that where a contract of employment lacks a provision for when notice of termination takes effect, it is effective from when the employee personally takes delivery of the letter containing notice.
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