Jose Mourinho said club doctor Eva Carneiro should work with Chelsea ladies after calling her 'a daughter of a whore' during on-pitch bust-up, tribunal hears - as she turns down £1.2m settlement 

  • Dr Carneiro is claiming constructive dismissal against Premier League club
  • She has separate personal legal action against ex-manager Jose Mourinho
  • Carneiro claims Mourinho called her 'daughter of a whore' in match bust up
  • Mourinho has Oxford academic to prove he said 'son of a b***h' at officials
  • Chelsea claim she refused £1.2m and wanted pay rise and compensation
  •  Mourinho accused of saying Carneiro should work with Chelsea Ladies

Hearing: Eva Carneiro arriving at Croydon Employment Tribunal in south London with her husband Jason De Carteret where she is taking on Chelsea and Jose Mourinho

Hearing: Eva Carneiro arriving at Croydon Employment Tribunal in south London with her husband Jason De Carteret where she is taking on Chelsea and Jose Mourinho

José Mourinho could face two days in the witness box at the tribunal brought by Chelsea's former doctor who claims he called her a 'daughter of a whore' in a sexist sideline rant.

Eva Carneiro also alleged that Mourinho berated, sexually harassed and then demoted her and the club did 'nothing to stop it' before she left Chelsea after six years last December. 

Two days after the initial incident Mourinho then allegedly told Steve Atkins, head of communications and public affairs at Chelsea, that he did not want Dr Carneiro on the bench the next match, adding: 'She works in academy team or ladies team not with me'. 

The former first team doctor, 42, is claiming constructive dismissal against Chelsea and has a separate, but connected, personal legal action against Mourinho for alleged victimisation and discrimination.  

But as the case started this morning Chelsea hit back, claiming that Dr Carneiro has already turned down a £1.2million pay off, had demanded a huge pay rise and was hungry for fame.

The tribunal will hinge on whether Mourinho yelled: 'Filha de puta [daughter of a whore]' or 'filho de puta [son of a b***h]' when she ran on to the pitch to treat Chelsea star Eden Hazard during a home game last August.

Mourinho later criticised her as 'impulsive and naïve' and she did not appear on the first team bench again before parting company with Chelsea. 

Dr Carneiro's QC Mary O'Rourke told the employment tribunal in Croydon today: 'He uses the word 'filha' because he is abusing a woman'.

She added that Dr Carneiro heard the term 'clearly from behind her' as she ran on to the Stamford Bridge turf.

But Mourinho has employed a swearing expert from the University of Oxford to prove he said 'son of a b***h' and has called it the Portuguese equivalent of 'f*** off'.

The ex-Chelsea manager says he and other players, including Spaniard Cesc Fabregas, used the phrase throughout the match and denies it was sexist or aimed it at the female doctor.

Mourinho's first public appearance as the new Manchester United boss could be to give evidence at the tribunal, which is anticipated to be heard over seven to 10 days. 

Dr Carneiro's legal team says that one day would not be enough time to cross examine Mourinho about their falling out. He is likely to appear next Monday and Tuesday.

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The former club doctor allegedly also asked for a 40 per cent pay rise to £400,000 to return to work, plus bonuses and compensation for 'distress' caused by the club and its ex-boss.

Chelsea also claim she was 'preoccupied with developing her profile' including nominating a Chelsea star for the Ice Bucket Challenge on YouTube and positioned herself behind Mourinho during TV matches 

Their lawyers also say Carneiro allegedly 'secretly briefed against Chelsea to the media'.

And on the pivotal row over treating Eden Hazard on the pitch Mourinho claims he had already warned her about her about it after treating Gary Cahill when he was 'visibly unhurt'. 

Exchange: Dr Carneiro claims that she 'clearly heard' Jose call her a 'daughter of a whore' as she ran onto the pitch in an incident that led to this touchline row, and eventually her exit from the club

Exchange: Dr Carneiro claims that she 'clearly heard' Jose call her a 'daughter of a whore' as she ran onto the pitch in an incident that led to this touchline row, and eventually her exit from the club

Jose Mourinho, pictured at the Soccer Aid 2016 match at Old Trafford yesterday
Eva Carneiro arriving at Croydon Employment Tribunal

Falling out: Mourinho, pictured at the Soccer Aid 2016 match at Old Trafford yesterday, faces a personal legal claim brought by the ex-club doctor and may have to spend two days giving evidence

Legal team: Carneiro arriving with her entourage,  she is claiming constructive dismissal against Chelsea and has a  personal legal action against Mourinho for alleged victimisation and discrimination

Legal team: Carneiro arriving with her entourage,  she is claiming constructive dismissal against Chelsea and has a personal legal action against Mourinho for alleged victimisation and discrimination

Jose Mourinho and Dr Carneiro had a public falling out after the doctor treated star player Eden Hazard on the pitch - and never worked on first team duties again.

Today the tribunal panel was read an extract from Mourinho's statement in which he concedes that he used the Portuguese term 'filho da puta', meaning 'son of of a b***h or whore', but that he had been using it throughout the match.

He said: 'Filho da puta is a phrase I often use, all of the players know it. There is no sexist connotation in the use of the phrase - it is just like saying 'f*** off'.

Statement: Dr Carneiro, pictured leaving the tribunal with her husband, describes Mourinho as Chelsea's 'bad employee' in her skeleton legal argument  

Statement: Dr Carneiro, pictured leaving the tribunal with her husband, describes Mourinho as Chelsea's 'bad employee' in her skeleton legal argument  

'In the world of football, a lot of swear words are used.'

Referring to footage of earlier on in the August 8 match against Swansea, the former Chelsea manager highlighted that he had also been using the term then.

He added that Cesc Fabregas had also used the Spanish equivalent of the term when a Chelsea player was fouled during the game.

In his statement, Mourinho said: 'Cesc and I both speak English well, but in the heat of the game we both swear in our mother language. Eva was not on the pitch at that point in time.' 

A skeleton argument submitted to the tribunal on behalf of Chelsea FC and Mourinho stated that Dr Carneiro had been 'made an open offer of £1.2 million to settle her claims'.

It continued: 'The respondents have taken these steps only because they believe that it is 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.'

It continued that contemporaneous documents showed that Dr Carneiro did not consider Mourinho's actions to be discriminatory.

The skeleton argument said: 'The purpose of the discrimination claim was to lift the statutory cap, in order to justify the claimant's extravagant compensation claim.'  

Chelsea also submitted there were 'concerns about her willingness to develop her skills in respect of injury diagnosis and rehabilitation, particularly at the expense of being seen as part of the 'first team' and undertaking what she perceived as the more high-profile role of providing on-pitch treatment'.

The respondents claim Dr Carneiro was 'preoccupied with developing her profile' and associating herself with the first team in a way discouraged by the club for backroom employees.

This involved signing autographs and having photographs taken with members of the public, nominating a high-profile first-team player when she uploaded a video to YouTube as part of the 'Ice Bucket Challenge', and seeking to position herself behind Mourinho during televised matches.

In its skeleton argument, the club submits: 'Contrary to the suggestion that the claimant was uninterested in the media, she twice gave interviews, had discussions about presenting a TV programme, and engaged a digital media consultant (without informing Chelsea).

'Most seriously of all, she secretly briefed against Chelsea to the media, in flagrant breach of the club's communication policy and disciplinary procedure.' 

Spark: Carneiro runs past Mourinho and on to the pitch to treat Eden Hazard at Stamford Bridge - Chelsea claim the club doctor had been warned about not reacting too quickly

Spark: Carneiro runs past Mourinho and on to the pitch to treat Eden Hazard at Stamford Bridge - Chelsea claim the club doctor had been warned about not reacting too quickly

Row: Mourinho was upset when Carneiro ran on to the pitch to treat Eden Hazard with head physio Jon Fearn last August, pictured, and later called her 'impulsive and naive'

Portuguese boss Mourinho, pictured as the incident happened, claimed Carneiro was 'impulsive and naive' for running on to treat Hazard - but he claims that swear words said on the touchline were not aimed at the doctor

Portuguese boss Mourinho, pictured as the incident happened, claimed Carneiro was 'impulsive and naive' for running on to treat Hazard - but he claims that swear words said on the touchline were not aimed at the doctor

The start of Dr Caneiro's legal argument says: 'This is a tale of two employees: one good (the claimant) and one bad (Mourinho). 

'The bad employee forces the good employee out of the job of her dreams and the employer does nothing to stop it. 

Defence: Mourinho, pictured in Manchester yesterday, denies he mistreated Carneiro

Defence: Mourinho, pictured in Manchester yesterday, denies he mistreated Carneiro

'The bad employee berates, sexually harasses and demotes the good employee for carrying out her professional duties, namely her health and safety duties as the first team doctor, pitch side. 

'Rather then investigating and disciplining the bad employee, the employer allows the bad employee to confirm the demotion, both publicly and privately and to continue with his job. 

'By comparison, the good employee's demotion is confirmed and she is instructed to work and to 'build bridges' with the bad employee.'

The case could be settled at any time but all three parties must agree to a settlement for the tribunal, which would be accessible to the public and the media, to be averted.

The Gibraltar-born British doctor is said to want a public apology from Mourinho as part of her demands - but she does not want to return to Chelsea.

The tribunal is expected to begin hearing evidence from the 42-year-old doctor on Tuesday afternoon.

The tribunal heard that Dr Carneiro is expected to be questioned over two and a half days. 

Private hearings in January and February took place without a resolution and it appears the case will proceed to the tribunal.

Witness statements and documents - including texts and emails - would likely be made public, while Carneiro, Mourinho and representatives from Chelsea could be called to appear as witnesses.

It could overshadow the start of Mourinho's employment at Old Trafford after he was named Louis van Gaal's successor on May 27.

Chelsea have declined to comment on the case, but supported Mourinho even after his employment as manager was terminated. 

Whether or not Chelsea will continue to support Mourinho now he is employed by a rival club is unclear.

Last month pictures of Mourinho leaving his London home gave some hint of how he plans to fight the tribunal claim.

He was clutching court papers annotated with remarks such as 'not true', 'it's fantasy' and 'I have never heard this allegation before'.

Lats month Mourinho was clutching court papers annotated with remarks such as 'not true', 'it's fantasy' and 'I have never heard this allegation before' - likely to be linked to the tribunal

Lats month Mourinho was clutching court papers annotated with remarks such as 'not true', 'it's fantasy' and 'I have never heard this allegation before' - likely to be linked to the tribunal

Carneiro and physio Jon Fearn were criticised by Mourinho and dropped from first-team duties following the draw with Swansea on the opening day of the 2015-16 Premier League season, on August 8 2015.

The pair went on to the pitch to treat Eden Hazard, an action which meant that Chelsea were temporarily down to nine men as they had already had goalkeeper Thibaut Courtois sent off.

Afterwards Mourinho called Carneiro and Fearn 'impulsive and naive'.

The 42-year-old doctor did not appear on the bench again for first-team duties and later parted company with the club, while Fearn continues to be employed by Chelsea and returned to the first-team bench in March.

Mourinho was cleared of using discriminatory language towards Carneiro following an investigation by the Football Association.

Afterwards, Carneiro and the Football Association's independent board member, Dame Heather Rabbatts, criticised the governing body for not interviewing the doctor as part of its investigation.

Carneiro has also had backing from Fifa's medical chairman, Michel D'Hooghe, who contacted the doctor to offer his support and that of the world governing body. He has backed Carneiro's insistence that she was simply doing her job.

 

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