Ex-Chelsea doctor’s constructive dismissal case fails to settle

The former Chelsea team doctor Eva Carneiro will continue her legal battle against the Premier League club after failing to reach a settlement at the first hearing in her constructive dismissal case.

Carneiro ( 42) was joined by her husband, the polar explorer Jason De Carteret, at London South Employment Tribunal in Croydon for a private preliminary hearing before an employment judge.

She is claiming constructive dismissal after she was dropped from first-team duties and later parted company with the club following criticism from then- manager José Mourinho.

Carneiro and the first-team physio Jon Fearn were branded "impulsive and naive" by Mourinho after they ran on to the pitch to treat Eden Hazard on the opening day of the season, leaving Chelsea temporarily down to nine men against Swansea.

No settlement

Following the three-hour hearing, Mary O’Rourke QC, representing Carneiro, said no settlement had been reached and a date had been fixed for the next hearing.

Carneiro made no comment as she left the tribunal holding hands with her husband. The couple were surrounded by photographers and cameramen as they entered a waiting taxi, which mounted the pavement as it sped off.

A date for the full tribunal is expected for some time in June but a court spokesman refused to reveal a date for the next hearing.

“It was a private hearing and what happened in the hearing is a private matter,” the spokesman said.

The hearing was expected to fix the timetable for the case, and deal with witness statements and disclosure of documents, including texts and emails, by each side, as well as any legal procedural disputes that exist between the two parties. Chelsea filed their defence in the case last month.

Carneiro also has a separate personal legal action against Mourinho, who left the club in December, for alleged victimisation and discrimination.

Mourinho was cleared of using discriminatory language towards Carneiro following an investigation by the Football Association.

Afterwards, Carneiro and the FA's independent board member Dame Heather Rabbatts criticised the governing body for not interviewing the doctor as part of its investigation.

Fifa backing

Carneiro has also had backing from Fifa’s medical chairman Michel D’Hooghe, who contacted the doctor to offer his support and that of the world governing body.

He has backed Carneiro’s insistence that she was simply doing her job.