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.
Dunnylad wrote:I also heard this morning that she was told not to go onto the pitch quickly until they'd worked out if it was a serious injury or not - if she disobeyed orders then it weakens her case considerably - would there be this much fuss if it was a male Dr?
Foreverinbluedreams wrote:Dunnylad wrote:I also heard this morning that she was told not to go onto the pitch quickly until they'd worked out if it was a serious injury or not - if she disobeyed orders then it weakens her case considerably - would there be this much fuss if it was a male Dr?
Didn't the ref signal for the medical team to come on? If this is the case then any instruction from Mourinho is irrelevant.
Foreverinbluedreams wrote:Dunnylad wrote:I also heard this morning that she was told not to go onto the pitch quickly until they'd worked out if it was a serious injury or not - if she disobeyed orders then it weakens her case considerably - would there be this much fuss if it was a male Dr?
Didn't the ref signal for the medical team to come on? If this is the case then any instruction from Mourinho is irrelevant.
Plain Speaking wrote:BBC's Richardson suggested a senior Chelsea player said to him he would rather lose than win under Mourinho. I wonder if this is related to his treatment of the physios? There were rumours Eva had relationships with senior Chelsea players.
Dameerto wrote:Plain Speaking wrote:BBC's Richardson suggested a senior Chelsea player said to him he would rather lose than win under Mourinho. I wonder if this is related to his treatment of the physios? There were rumours Eva had relationships with senior Chelsea players.
Fuck rumours bring me facts.
Nigels Tackle wrote:Dameerto wrote:Plain Speaking wrote:BBC's Richardson suggested a senior Chelsea player said to him he would rather lose than win under Mourinho. I wonder if this is related to his treatment of the physios? There were rumours Eva had relationships with senior Chelsea players.
Fuck rumours bring me facts.
when jose was giving his post match press conference eva would strip naked and all the chelsea lads wank over her. they are all gutted she's gone...
Dameerto wrote:Plain Speaking wrote:BBC's Richardson suggested a senior Chelsea player said to him he would rather lose than win under Mourinho. I wonder if this is related to his treatment of the physios? There were rumours Eva had relationships with senior Chelsea players.
Fuck rumours bring me facts.
Dameerto wrote:Plain Speaking wrote:BBC's Richardson suggested a senior Chelsea player said to him he would rather lose than win under Mourinho. I wonder if this is related to his treatment of the physios? There were rumours Eva had relationships with senior Chelsea players.
Fuck rumours bring me facts.
Dameerto wrote:She should be treated in the same way a male would in the exact same circumstances and the 'rumours' should play no part in anything, they certainly have nothing to do with her grievance.
foreverblue wrote:It seems Chelsea blinked big time. What was she going to say to make them settle? Can't see how a tribunal would award more than Chelsea's offer of 1.2M.
Dameerto wrote:foreverblue wrote:It seems Chelsea blinked big time. What was she going to say to make them settle? Can't see how a tribunal would award more than Chelsea's offer of 1.2M.
It seemed as clearcut a case to me as they come and Chelsea would have known that. Her professional integrity was on the line. I'm curious to know what the settlement was. (There's already an expression of regret and confirmation of her professionalism from Chelsea that's been issued).
foreverblue wrote:Dameerto wrote:foreverblue wrote:It seems Chelsea blinked big time. What was she going to say to make them settle? Can't see how a tribunal would award more than Chelsea's offer of 1.2M.
It seemed as clearcut a case to me as they come and Chelsea would have known that. Her professional integrity was on the line. I'm curious to know what the settlement was. (There's already an expression of regret and confirmation of her professionalism from Chelsea that's been issued).
Is Mourinho covered by the deal or is it just Chelsea? Will she still sue him in court?
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