Eva Carneiro leaves Chelsea and considers legal action

Chelsea doctor Eva Carneiro is believed to have left the club and is preparing to sue the Premier League champions for constructive dismissal following the incident during the game against Swansea last month that saw her first-team duties downgraded at the request of manager José Mourinho.

Carneiro was due to return for work last Friday having been told she was no longer to attend training sessions, matches or enter the team hotel after provoking Mourinho's anger when she and the physiotherapist, Jon Fearn, ran on to treat Eden Hazard during injury-time of the 2-2 draw at Stamford Bridge on August 8th.

However, it is understood that she has not been seen at the club’s training ground in Cobham and is now considering her legal position. Chelsea have so far declined to comment on what they described as “an internal staffing matter”.

Gibraltar-born Carneiro is reported to have sought advice from a London law firm over the past few weeks, although they too refused to comment on Tuesday. But she is likely to have a strong case given that she and Fearn were twice waved onto the pitch by referee Michael Oliver to treat Hazard, causing Mourinho to accuse the medics of not understanding the game and being “naive”.

Employment law expert Nick Wilcox told the Guardian last month that Mourinho’s public criticism of Carneiro – which were also condemned by the Premier League Doctors Association – appears “disproportionate” and could amount to “public humiliation” which breaches Chelsea’s duties as her employer. He pointed to the law governing employment relationships, which says: “The employer must not, without reasonable and proper cause, conduct itself in a manner calculated and likely to destroy or seriously damage the relationship of trust and confidence between employer and employee.”

Last week the English Football Association confirmed it is investigating a complaint that Mourinho used abusive language during the incident. Under rule E3, players and coaches can be penalised for using “offensive, insulting or abusive language and/or gestures”, with Mourinho facing up to a five-match ban if he is found guilty.

“We understand that the manager allegedly calls Eva ‘Filha da Puta’ at pitchside,” read the complaint, according to the Mail.

“The abuse is allegedly directed to her because ‘Filha’ is feminine and singular in Portuguese and to be directed at a man or at a group of people would have to be ‘Filho’ or ‘Filhos’.

“Additionally it could be considered that the offensive comment was aimed at the club doctor specifically as she speaks Portuguese. By all accounts, the equivalent to this expression in English would be ‘son of a bitch’ in the masculine, but ‘daughter of a whore’ in the feminine.”

FA board member Heather Rabbatts has expressed her “sadness and anger” at news of Carneiro’s departure.

“News of Dr Eva Carneiro’s departure from Chelsea FC makes me feel sadness and anger,” said Rabbatts, who is chair of the FA’s inclusion advisory board.

“Eva was one of the few very senior women in the game, a highly respected doctor who has acted with professional integrity in difficult circumstances and whose skills have been highly praised by her colleagues, the club and governing bodies.”

(Guardian service)