blues2win wrote:She was summoned onto the field by the referee to do her job. She then got relegated from first team duties. That surely is constructive dismissal. In addition Mourinho referred to her as a secretary on the bench which is surely sexist.
blues-clues wrote: If Chelsea could prove that Mourinho's actions constituted gross professional misconduct maybe they could fire him without having to pay him his wedge. Now that would be funny.
Im_Spartacus wrote:Just to damp down some of the excitable comments made on the thread about Chelsea not wanting to go to court, I'd wager that they would. However for practical reasons it's very unlikely either side would want to see this case before an employment tribunal.
Constructive or unfair dismissal is notoriously difficult to prove in court. For the most part, employers even in cases they don't think they will lose, will settle just before the court date if the cost of lawyers fees is likely to be greater than the award (which it almost always is).
In this case, Eva Carneiro also appears to have bit the bullet very quickly after the incident which in my experience tells me several things which would fundamentally undermine the claim.
1: It seems highly unlikely that any attempt at reconciliation was made before she walked. Normally the employer would provide a dispute resolution process such as grievance procedure and/or arbitration. Unless she has proof that she submitted a complaint in writing and Chelsea failed to respond, her case is dead in the water immediately on this point.
2: The point about the male physio and female physio being treated differently isn't grounds for constructive dismissal. There is no proof that she was treated differently, the fact is she was the senior employee in that situation and therefore it's easy to argue that the punishment was deemed appropriate given the relative seniority of the employees. Regardless what the punishment was and whether it was disproportionate and/or discriminatory, the burden is upon her to prove it, and that would be impossible.
3: finally, an employment tribunal can only order certain outcomes, none of which result in significant payouts beyond the actual financial loss of income incurred. Compensation is not within the scope of an employment tribunal.
This is media manipulation by Carneiro's legal team, nothing more, nothing less. She will almost certainly get a settlement from Chelsea along with appropriate non disclosure clauses, not because they fear they will be discredited in the media, but because a settlement will be cheaper than going to court even if the case is found in their favour. Nobody will ever hear about this story again.
carl_feedthegoat wrote:Im_Spartacus wrote:Just to damp down some of the excitable comments made on the thread about Chelsea not wanting to go to court, I'd wager that they would. However for practical reasons it's very unlikely either side would want to see this case before an employment tribunal.
Constructive or unfair dismissal is notoriously difficult to prove in court. For the most part, employers even in cases they don't think they will lose, will settle just before the court date if the cost of lawyers fees is likely to be greater than the award (which it almost always is).
In this case, Eva Carneiro also appears to have bit the bullet very quickly after the incident which in my experience tells me several things which would fundamentally undermine the claim.
1: It seems highly unlikely that any attempt at reconciliation was made before she walked. Normally the employer would provide a dispute resolution process such as grievance procedure and/or arbitration. Unless she has proof that she submitted a complaint in writing and Chelsea failed to respond, her case is dead in the water immediately on this point.
2: The point about the male physio and female physio being treated differently isn't grounds for constructive dismissal. There is no proof that she was treated differently, the fact is she was the senior employee in that situation and therefore it's easy to argue that the punishment was deemed appropriate given the relative seniority of the employees. Regardless what the punishment was and whether it was disproportionate and/or discriminatory, the burden is upon her to prove it, and that would be impossible.
3: finally, an employment tribunal can only order certain outcomes, none of which result in significant payouts beyond the actual financial loss of income incurred. Compensation is not within the scope of an employment tribunal.
This is media manipulation by Carneiro's legal team, nothing more, nothing less. She will almost certainly get a settlement from Chelsea along with appropriate non disclosure clauses, not because they fear they will be discredited in the media, but because a settlement will be cheaper than going to court even if the case is found in their favour. Nobody will ever hear about this story again.
Chelsea have enough negativity surrounding their club , they will 100% settle this out of court unless they have followed their leader, and lost the plot as well.
DoomMerchant wrote:carl_feedthegoat wrote:Im_Spartacus wrote:Just to damp down some of the excitable comments made on the thread about Chelsea not wanting to go to court, I'd wager that they would. However for practical reasons it's very unlikely either side would want to see this case before an employment tribunal.
Constructive or unfair dismissal is notoriously difficult to prove in court. For the most part, employers even in cases they don't think they will lose, will settle just before the court date if the cost of lawyers fees is likely to be greater than the award (which it almost always is).
In this case, Eva Carneiro also appears to have bit the bullet very quickly after the incident which in my experience tells me several things which would fundamentally undermine the claim.
1: It seems highly unlikely that any attempt at reconciliation was made before she walked. Normally the employer would provide a dispute resolution process such as grievance procedure and/or arbitration. Unless she has proof that she submitted a complaint in writing and Chelsea failed to respond, her case is dead in the water immediately on this point.
2: The point about the male physio and female physio being treated differently isn't grounds for constructive dismissal. There is no proof that she was treated differently, the fact is she was the senior employee in that situation and therefore it's easy to argue that the punishment was deemed appropriate given the relative seniority of the employees. Regardless what the punishment was and whether it was disproportionate and/or discriminatory, the burden is upon her to prove it, and that would be impossible.
3: finally, an employment tribunal can only order certain outcomes, none of which result in significant payouts beyond the actual financial loss of income incurred. Compensation is not within the scope of an employment tribunal.
This is media manipulation by Carneiro's legal team, nothing more, nothing less. She will almost certainly get a settlement from Chelsea along with appropriate non disclosure clauses, not because they fear they will be discredited in the media, but because a settlement will be cheaper than going to court even if the case is found in their favour. Nobody will ever hear about this story again.
Chelsea have enough negativity surrounding their club , they will 100% settle this out of court unless they have followed their leader, and lost the plot as well.
That's what he said you leathery thicko.
Cheers
london blue 2 wrote:Where is Ted now days... ;)
Nigels Tackle wrote:london blue 2 wrote:Where is Ted now days... ;)
some dick will probably start a thread a asking that same question soon
iwasthere2012 wrote:Nigels Tackle wrote:london blue 2 wrote:Where is Ted now days... ;)
some dick will probably start a thread a asking that same question soon
Or Phips will bump the old one.
Mase wrote:DoomMerchant wrote:carl_feedthegoat wrote:Im_Spartacus wrote:Just to damp down some of the excitable comments made on the thread about Chelsea not wanting to go to court, I'd wager that they would. However for practical reasons it's very unlikely either side would want to see this case before an employment tribunal.
Constructive or unfair dismissal is notoriously difficult to prove in court. For the most part, employers even in cases they don't think they will lose, will settle just before the court date if the cost of lawyers fees is likely to be greater than the award (which it almost always is).
In this case, Eva Carneiro also appears to have bit the bullet very quickly after the incident which in my experience tells me several things which would fundamentally undermine the claim.
1: It seems highly unlikely that any attempt at reconciliation was made before she walked. Normally the employer would provide a dispute resolution process such as grievance procedure and/or arbitration. Unless she has proof that she submitted a complaint in writing and Chelsea failed to respond, her case is dead in the water immediately on this point.
2: The point about the male physio and female physio being treated differently isn't grounds for constructive dismissal. There is no proof that she was treated differently, the fact is she was the senior employee in that situation and therefore it's easy to argue that the punishment was deemed appropriate given the relative seniority of the employees. Regardless what the punishment was and whether it was disproportionate and/or discriminatory, the burden is upon her to prove it, and that would be impossible.
3: finally, an employment tribunal can only order certain outcomes, none of which result in significant payouts beyond the actual financial loss of income incurred. Compensation is not within the scope of an employment tribunal.
This is media manipulation by Carneiro's legal team, nothing more, nothing less. She will almost certainly get a settlement from Chelsea along with appropriate non disclosure clauses, not because they fear they will be discredited in the media, but because a settlement will be cheaper than going to court even if the case is found in their favour. Nobody will ever hear about this story again.
Chelsea have enough negativity surrounding their club , they will 100% settle this out of court unless they have followed their leader, and lost the plot as well.
That's what he said you leathery thicko.
Cheers
Carl said it without doing an impression of Ted though.
Im_Spartacus wrote:Just to damp down some of the excitable comments made on the thread about Chelsea not wanting to go to court, I'd wager that they would. However for practical reasons it's very unlikely either side would want to see this case before an employment tribunal.
Constructive or unfair dismissal is notoriously difficult to prove in court. For the most part, employers even in cases they don't think they will lose, will settle just before the court date if the cost of lawyers fees is likely to be greater than the award (which it almost always is).
In this case, Eva Carneiro also appears to have bit the bullet very quickly after the incident which in my experience tells me several things which would fundamentally undermine the claim.
1: It seems highly unlikely that any attempt at reconciliation was made before she walked. Normally the employer would provide a dispute resolution process such as grievance procedure and/or arbitration. Unless she has proof that she submitted a complaint in writing and Chelsea failed to respond, her case is dead in the water immediately on this point.
2: The point about the male physio and female physio being treated differently isn't grounds for constructive dismissal. There is no proof that she was treated differently, the fact is she was the senior employee in that situation and therefore it's easy to argue that the punishment was deemed appropriate given the relative seniority of the employees. Regardless what the punishment was and whether it was disproportionate and/or discriminatory, the burden is upon her to prove it, and that would be impossible.
3: finally, an employment tribunal can only order certain outcomes, none of which result in significant payouts beyond the actual financial loss of income incurred. Compensation is not within the scope of an employment tribunal.
This is media manipulation by Carneiro's legal team, nothing more, nothing less. She will almost certainly get a settlement from Chelsea along with appropriate non disclosure clauses, not because they fear they will be discredited in the media, but because a settlement will be cheaper than going to court even if the case is found in their favour. Nobody will ever hear about this story again.
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