Cheslea Doctor Unfairly Demoted
Neill Thomas Thursday, August 13, 2015
If Mourinho carries out his threat to ban Eva Carneiro from the bench for the forthcoming match against Manchester City on Sunday, the Club could find itself on the end of a claim for constructive unfair dismissal. On the face of it, it appears that Mourinho publically castigated Eva Carneiro for doing nothing more than carrying out her professional duty as a doctor.
Her decision to tend to the player was on the instruction of the referee. An interesting issue in this case is to whom the doctor is answerable. Is it to the manager of the club, or the injured player? There may be a conflict of obligation, not least because the General Medical Council lays down strict guidelines to which a doctor must adhere, if she is to maintain her right to practice.
In light of this, any demotion made as a result of the doctor attending to the injured player could amount to a breach of contract. In every employment relationship there is an implied term of trust and confidence. It is a well established principle of law that an employer must not, without reasonable and proper cause, conduct itself in a manner calculated or likely to seriously damage or destroy the relationship.
We shall have to see whether Mourinho follows through with his threat. He may not mind paying compensation, but it would call into question his ability to manage his employees.
Either way this appears to be a PR own goal for him.