Chelsea club doctor Eva Carneiro resigned from her job at Chelsea in September this year after effectively being demoted following a very public falling-out with Jose Mourinho. 

Following the suggestion that the FA was investigating possible abusive or sexist language used by Mourinho towards Carneiro, it has been reported that she is about to sue Chelsea claiming that she was constructively unfairly dismissed and discriminated against. Reports also suggest that she will not only sue the club but also Jose Mourinho personally. Edward Belam, employment lawyer at Howard Kennedy said: “This could be a substantial compensation claim. She is presumably highly paid, with performance-related incentives. She will be looking for loss of earnings.

The normal compensation cap for unfair dismissal claims doesn't apply in discrimination claims although she would be under a duty to mitigate any loss she suffers by seeking alternative employment.” Edward adds: “Her claim for constructive unfair dismissal would be against the club. But she can also bring discrimination claims against Jose Mourinho his own acts of alleged discrimination and seek compensation for loss of earnings and up to £30,000 for injury to feelings. She could also seek aggravated damages if she can show that Chelsea or Mourinho have acted maliciously or in a high handed, insulting or oppressive manner for example by seeking to make her a scapegoat for the Club’s problems. She will no doubt argue that the compensation should be at the higher end due to the media attention and effect on her reputation.”

Edward believes it is likely that Mourinho would seek an indemnity from Chelsea for any compensation he was ordered to pay Ms Carneiro. Edward said: “Chelsea’s current on-field difficulties, which seem to indicate that Mourinho is at risk of imminent sacking, raise the intriguing possibility that if Mourinho was sacked the Club might seek to resist any claim that Mourinho might make for an indemnity on the grounds that the discriminatory comments were outside the normal course of his employment and/or that the Club took ‘all reasonable steps’ to prevent Mourinho from committing the discriminatory comments.”