by Our Sports Desk

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, it emerged yesterday.

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 onto 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.”

It is understood that 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, Mr 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 implication seemingly being that as a woman, she did not understand the ‘beautiful game’.”

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

Mr 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.

“This would involve an investigation, hearing and appeal and the right to demote should also be included in the contract of employment, or agreement reached with the employee about this — perhaps as an alternative to being dismissed.”