Chelsea’s Eden Hazard is helped off by Eva Carneiro.Chelsea’s Eden Hazard is helped off by Eva Carneiro.

Chelsea doctor Eva Carneiro could have grounds to launch claims for constructive dismissal and sex discrimination if her role is changed as a result of criticism from manager Jose Mourinho.

That is the view of lawyer Glenn Hayes as the fall-out from Mourinho’s weekend outburst following his side’s 2-2 draw at Swansea continues.

The Portuguese was furious after first-team doctor Carneiro went on to the pitch at Stamford Bridge to treat Eden Hazard, in the process momentarily reducing the 10-man Blues to nine players.

Mourinho later described the actions of the club’s medical staff as “impulsive and naive” and suggesting they needed to “understand the game”.

PA Sport understands Carneiro is to retain her current job title, but will no longer be involved in matches or training sessions, and if that proves to be the case, Dr Hayes, a partner and employment law specialist with solicitors Irwin Mitchell, believes she could have grounds to take legal action.

He said: “It is difficult to know the exact situation regarding the decisions made by Chelsea.

“What we do know from previous cases however, is that football tends to exist in a vacuum when it comes to employment issues – and it is safe to say, from reports, that if this situation emerged in another sector, there could be implications for those involved.

“For example, as it could be argued that speaking out about her publicly has damaged the implied duty of trust and confidence between the parties, there could potentially be a claim for constructive unfair dismissal.

“There could also be a claim for sex discrimination if the comments would not have been directed at a man in a similar situation, the im-plication seemingly being that as a woman, she did not understand the ‘beautiful game’.”

Club instructions

However, Chelsea could also justify taking action against their em-ployee, including demoting her, if they were able to show she had ignored instructions.

Dr Hayes said: “On the flip-side however, if an employee disobeys what is regarded as a lawful instruction, he or she can ultimately be disciplined. In serious cases, employers would also be within their rights to demote a worker, but they would have to go through a proper process to do so.

“Given the public spotlight placed on this issue and the outrage this has caused – it even seems some senior people at Chelsea have sympathised with Carneiro recognising that she was doing her job by treating the players – the spotlight will be on how long this seemingly enforced pitch-side ban lasts for, and whether the matter can be resolved.”

Mourinho has made no further comment, although he is still expected to address the media at his regular pre-match press conference today.

The Premier League Doctors’ Group has also expressed its concern over the ongoing situation and says a reduction in Carneiro’s role would be “unjust in the extreme”.

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