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Eva Carneiro 'rejected £1.2m Chelsea settlement' Eva Carneiro 'rejected £1.2m Chelsea settlement'
(about 4 hours later)
Former Chelsea first team doctor Eva Carneiro rejected a £1.2m settlement from the club, documents submitted to her employment tribunal show.Former Chelsea first team doctor Eva Carneiro rejected a £1.2m settlement from the club, documents submitted to her employment tribunal show.
Dr Carneiro is claiming constructive dismissal against the football club. She is claiming constructive dismissal and is also bringing separate legal action against Jose Mourinho.
She is also bringing a separate legal action against Jose Mourinho, who left Chelsea in December, for alleged victimisation and discrimination. The former manager called her "daughter of a whore" in Portuguese when she treated a player, the tribunal heard.
Dr Carneiro's lawyer said the former Chelsea manager would face at least one day of questions at the hearing. Lawyers for Chelsea revealed that she chose to take the case to a hearing rather than accept the £1.2m payout.
The case is anticipated to be heard over seven to 10 days at the London South Employment Tribunal in Croydon. Dr Carneiro, 42, alleges the comment was made by Mr Mourinho, who left Chelsea in December, when she ran on to the pitch at Stamford Bridge during a Premier League match against Swansea in August to treat injured forward Eden Hazard.
Dr Carneiro's barrister Mary O'Rourke QC told the hearing she is likely to take at least a day to cross-examine Mr Mourinho - now manager of Manchester United - who did not attend the first day of the case. She is claiming sex discrimination and harassment against the club's former manager following the incident and constructive dismissal against Chelsea.
The tribunal was adjourned until 14:00 BST on Tuesday. 'Sexually explicit comments'
Legal papers submitted to the tribunal on behalf of Chelsea FC and Mr Mourinho showed Dr Carneiro had been "made an open offer of £1.2m to settle her claims". Documents submitted by Dr Carneiro's legal team allege Mr Mourinho - now manager of Manchester United - suggested she should work with Chelsea Ladies following the Swansea game.
They allege that on 10 August Mr Mourinho told Steve Atkins, head of communications and PR at Chelsea, that he did not want the first team doctor on the bench at the next match, saying: "She works in academy team or ladys (sic) team not with me".
They also claim Chelsea took no action following complaints about sexually explicit chanting at various away games - in particular at Manchester United and West Ham - and a lack of female changing facilities.
Dr Carneiro claims she was not provided with a club suit, and regularly had to endure sexually explicit comments from her colleagues.
She also alleges she was called a "filha da puta" - Portuguese for "daughter of a whore" - during the Swansea game by Mr Mourinho and that she was verbally abused after the match when the team returned to their dressing room.
However, Daniel Stilitz QC, for Chelsea, said Mr Mourinho's evidence was that he shouted 'filho da puta'.
"Filho da puta is a phrase he often uses," Mr Stilitz said, adding that it meant son of a bitch. "There is no sexist connotation."
He said that Mr Mourinho used the phrase frequently at the training ground and during matches.
Chelsea and Mr Mourinho, 53, will also argue that Dr Carneiro would still be in her job if she had not resigned - she argues that she had no choice but to leave the club and was therefore constructively dismissed.
Legal papers submitted to the tribunal on behalf of Chelsea and Mr Mourinho showed Dr Carneiro had been "made an open offer of £1.2m to settle her claims".
The football club's legal team said it would show the club had taken these steps only because it believed that it was "in no-one's interests that this dispute should be determined through litigation".The football club's legal team said it would show the club had taken these steps only because it believed that it was "in no-one's interests that this dispute should be determined through litigation".
"They are conscious that, whatever the facts of the matter, it is likely to be widely and incorrectly assumed that they could have avoided this coming tribunal," Chelsea's legal team added."They are conscious that, whatever the facts of the matter, it is likely to be widely and incorrectly assumed that they could have avoided this coming tribunal," Chelsea's legal team added.
Dr Carneiro was criticised by the Portuguese and dropped from first-team duties after she went on to the pitch to treat Eden Hazard during Chelsea's opening Premier League game of the 2015-16 season against Swansea. The tribunal, which is being heard at the London South Employment Tribunal in Croydon, was adjourned until 14:00 BST on Tuesday.
It meant that Chelsea were temporarily reduced to playing with nine men, which Mr Mourinho claimed had contributed to the resulting draw. The case is anticipated to be heard over seven to 10 days
Afterwards he called Dr Carneiro and first team physio Jon Fearn "impulsive and naive".
Dr Carneiro did not appear on the bench again for first-team duties and left the club soon after.
But Chelsea's legal team argued that documents at the time showed Dr Carneiro did not consider Mr Mourinho's actions to be discriminatory.
"The purpose of the discrimination claim was to lift the statutory cap, in order to justify the claimant's extravagant compensation claim," the legal team argued.