Eva Carneiro to lodge legal claim against Chelsea manager Jose Mourinho
Published 02/11/2015 | 13:11
Jose Mourinho is to be the subject of an individual legal claim from former Chelsea team doctor Eva Carneiro in addition to the action she is bringing against the club for constructive dismissal.
Press Association Sport understands that legal papers will be served on Mourinho this week as part of separate but connected claims against him and against the club.
It means the Portuguese manager will have to appear in person at an employment tribunal unless the case is settled out of court beforehand. Under employment law, an individual can be personally liable for damages if victimisation or discrimination can be proved.
The claim against Mourinho will be on the basis that he was instrumental in the actions against Carneiro in having her dropped from first-team duties and effectively demoted. The Employment Tribunal central office has been formally notified of both the claims, and Mourinho and Chelsea have 28 days to respond once legal papers have been received. If the cases were to end up in court, they would be likely to be heard early next year.
The latest development will heap even more pressure on the 52-year-old who has seen his side lose six out of 11 matches in the Premier League so far to leave the reigning champions in 15th spot in the table. He was given a one-match stadium ban and £40,000 fine by the Football Association on Monday after admitting a misconduct charge for his behaviour towards match officials at half-time during Chelsea's defeat by West Ham last month.
Carneiro's case against Mourinho personally would continue even if he were to leave Chelsea.
The controversy over Carneiro goes back to August 8, the opening day of the season, when Mourinho criticised her and head physio Jon Fearn for going on to the pitch to treat Eden Hazard after being called on by referee Michael Oliver. The action meant that Chelsea were temporarily down to nine men against Swansea, and afterwards Mourinho called Carneiro and Fearn "impulsive and naive".
Carneiro did not appear on the bench again for first-team duties and is now seeking a claim for constructive dismissal after parting company with the club.
The doctor's lawyers said neither she nor they could comment as the case is sub judice. Chelsea did not respond when asked if they wished to comment.
Mourinho was cleared of using discriminatory language towards her following an investigation by the FA, which caused further controversy after Carneiro revealed she had not been spoken to personally during the investigation, nor asked to provide any statement.
The FA's chief executive Martin Glenn and head of governance Darren Bailey are to be quizzed about the handling of the case by the governing body's Inclusion Advisory Board later this month.
The IAB's chair Heather Rabbatts is under investigation by the FA following her comments criticising officials for not speaking to Carneiro in person during the Mourinho investigation.
It has been reported that Sky Bet Championship club Charlton could be preparing an offer to Carneiro to work for them, but no one at the club has yet been available for comment.