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Eva Carneiro to lodge legal claim against Chelsea manager Jose Mourinho

Published 02/11/2015

Eva Carneiro is to take legal action against Chelsea and Jose Mourinho
Eva Carneiro is to take legal action against Chelsea and Jose Mourinho

Jose Mourinho is to be the subject of an individual legal claim from former Chelsea team doctor Eva Carneiro in addition to the action she is bringing against the club for constructive dismissal.

Press Association Sport understands that legal papers will be served on Mourinho this week as part of separate but connected claims against him and against the club.

It means the Portuguese manager will have to appear in person at an employment tribunal unless the case is settled out of court beforehand. Under employment law, an individual can be personally liable for damages if victimisation or discrimination can be proved.

The claim against Mourinho will be on the basis that he was instrumental in the actions against Carneiro in having her dropped from first-team duties and effectively demoted. The Employment Tribunal central office has been formally notified of both the claims, and Mourinho and Chelsea have 28 days to respond once legal papers have been received. If the cases were to end up in court, they would be likely to be heard early next year.

The latest development will heap even more pressure on the 52-year-old who has seen his side lose six out of 11 matches in the Premier League so far to leave the reigning champions in 15th spot in the table. He was given a one-match stadium ban and £40,000 fine by the Football Association on Monday after admitting a misconduct charge for his behaviour towards match officials at half-time during Chelsea's defeat by West Ham last month.

Carneiro's case against Mourinho personally would continue even if he were to leave Chelsea.

The controversy over Carneiro goes back to August 8, the opening day of the season, when Mourinho criticised her and head physio Jon Fearn for going on to the pitch to treat Eden Hazard after being called on by referee Michael Oliver. The action meant that Chelsea were temporarily down to nine men against Swansea, and afterwards Mourinho called Carneiro and Fearn "impulsive and naive".

Carneiro did not appear on the bench again for first-team duties and is now seeking a claim for constructive dismissal after parting company with the club.

The doctor's lawyers said neither she nor they could comment as the case is sub judice. Chelsea did not respond when asked if they wished to comment.

Mourinho was cleared of using discriminatory language towards her following an investigation by the FA, which caused further controversy after Carneiro revealed she had not been spoken to personally during the investigation, nor asked to provide any statement.

Jose Mourinho's best moments: Would you like me to lapdance for you?
Jose Mourinho made an appearance on Italian television show Chiambretti Night, shortly after his move to Italy. As England manager Fabio Capello once found out, part of the show involves a private dance from a scantily clad woman. Mourinho appeared to find it difficult to stay awake for the performance.
Jose Mourinho's best moments: Would you like me to lapdance for you? Jose Mourinho made an appearance on Italian television show Chiambretti Night, shortly after his move to Italy. As England manager Fabio Capello once found out, part of the show involves a private dance from a scantily clad woman. Mourinho appeared to find it difficult to stay awake for the performance.
Mourinho announces his arrival
Mourinho's first press conference in England, staged to announce his appointment as Chelsea manager, was to both start the trend of things to come and lay the foundations for his legend:
'Please don't call me arrogant, but I'm European champion and I think I'm a special one.'
Time to celebrate Before Mourinho was appointed as manager of Chelsea, many English fans were already aware of his existence - especially Manchester United fans. In charge of Porto, his team came to Old Trafford and beat the odds by knocking United out of the Champions League thanks to a last minute goal. As Costinha bundled the ball home, Mourinho set off on a wild run down the Old Trafford touchline to celebrate.
Le Professor? Non. Le Voyeur 'I think he is one of these people who is a voyeur,' Mourinho famously said of Arsenal boss Arsene Wenger in October 2005. 'He likes to watch other people. There are some guys who, when they are at home, have a big telescope to see what happens in other families. He speaks, speaks, speaks about Chelsea.'
Winning the title After Mourinho's assertion that he was the 'Special One', the Portuguese wasted no time in proving the doubters wrong. In his first season as Chelsea boss, he led the club to their first league title in 50 years. He would go on to win the league title again the following season as well as the FA Cup, two League Cups and one Community Shield during his time in charge.
Omelettes and eggs 'It is omelettes and eggs. No eggs - no omelettes! It depends on the quality of the eggs.' Mourinho was explaining in his own special way the issue of money drying up at Stamford Bridge. He continued: 'In the supermarket you have class one, two or class three eggs and some are more expensive than others and some give you better omelettes. So when the class one eggs are in Waitrose and you cannot go there, you have a problem.'
Terrier threat Mourinho was arrested and cautioned in 2007 after allegedly refusing to allow police to quarantine his pet dog. He reportedly rushed home from an awards ceremony after he was tipped off by his wife about what was going on. Upon returning home, eyewitnesses claimed he freed the animal from the health officials, rushed out into the street and encouraged his pet to run off. He then told them, 'I've sent my dog to St Tropez.'
Pressure ....We're told that football managers are under constant pressure. But Mourinho didn't agree: Pressure? There is no pressure. Bird Flu is pressure. (The press laugh) No, you laugh, but I am being serious. I am more worried about the swan then I am about football.
Out with the laundry This story is unproven, but the audacity of it if it is true makes it worth recounting. Mourinho was banned by Uefa from having any contact with his Chelsea players during the 2005 Champions League quarter-finals. To get around this, it's alleged that Mourinho sneaked into the ground early and gave both the pre-game and half-time team-talks. While the game was in play, Mourinho watched from the dressing room and relayed instructions to assistant Rui Faria, who it's suggested was wearing an earpiece - covered by a suspiciously large hat (pictured). After the game Mourinho was reportedly wheeled out of the stadium in a laundry basket.
On the bus Following a 0-0 draw with Tottenham Hotspur, Mourinho quipped:
'As we say in Portugal, they brought the bus and they left the bus in front of the goal.'
Sssshhhh... Mourinho bagged his first trophy for Chelsea with a Carling Cup triumph over Liverpool. But at the time almost as much was made of his gesture to Liverpool fans as was Chelsea's 3-2 win. When Steven Gerrard scored a late own-goal to send the match into extra-time, Mourinho turned to the Liverpool fans, who had been barracking him all game, and put his finger to his lips as if to suggest 'be quiet'. Mourinho later claimed he was gesturing towards the press - but no-one believed him.
Rijkaard and the ref 'When I saw Rijkaard entering the referee's dressing room I couldn't believe it. When Drogba was sent off I didn't get surprised.'
This quote from Mourinho caused a storm. The Chelsea boss was suggesting that Barcelona coach Frank Rijkaard had paid a visit to the dressing room of referee Anders Frisk during half-time of their Champions League encounter. It was a hugely damaging statement that led to a two match ban for Mourinho, saw him labelled the 'enemy of football' by Uefa's head of referees, and led to the retirement of Frisk who was receiving death threats following the match.
Melons Mourinho apparently liked using food as an analogy for his thoughts, as he proved when discussing his youth players at Chelsea:
'Young players are a little bit like melons. Only when you open and taste the melon are you 100 per cent sure that the melon is good. Sometimes you have beautiful melons but they don't taste very good and some other melons are a bit ugly and when you open them, the taste is fantastic. For example, Scott Sinclair, the way he played against Arsenal and Man United, we know the melon we have.'
Chin up
An enduring image of Mourinho was his gesture to Chelsea fans that they keep their 'chin up' following a draw to Arsenal that ended their hopes of another league title. His strength in the face of defeat was another feather in his bow.
It's the president When Mourinho when asked by a Ghanaian journalist if he ever phoned Chelsea owner Roman Abramovich to see how he was, the Portuguese replied:
'Would you phone the president of Ghana?'
Bonjourno Mourinho showed no signs of letting up after his move to Italy. Much like his introduction to England, he captivated the press at the first opportunity. In his opening press conference he spoke fluent Italian (something he claimed to have learned in three-weeks 'because I'm very intelligent'). And following one awkward question, Mourinho paused before delivering a classic piece of Milanese slang: 'Non sono un pirla' - 'I'm not a d**khead'. The room exploded in laughter and brought Mourinho his first round of applause on Italian soil.
Take him down Mourinho's popularity waned during his time in Italy, when his constant jibes at officials, managers and referees antagonised just about everyone in Italy, including his own fans. A notable episode involved the Special One performing a 'handcuffs' gesture after seeing Inter's Walter Samuel and Ivan Cordoba sent off and Samuel Eto'o booked in a match with Sampdoria. He received a three-game ban.
Leaving on a high Despite the mutual disharmony between Mourinho and Italy in general, after completing an unprecedented treble with Inter Milan last season, a shared respect was formed. Mourinho would leave Inter shortly after their Champions League triumph, declaring:
'My work here is done. I have been very happy at Inter but not in the world of Italian football because I don't like all the comments from presidents, coaches and papers. But I will always like Inter. I want to thank Italian football because I have become a better coach for it.'
Up to his old tricks Ahead of the first of Real Madrid's current four meetings with Barcelona, it was announced shortly before a press conference that Mourinho would not be answering questions. Instead, his assistant Aitor Karanka would be speaking. But then, rather bizarrely, Mourinho attended the press conference yet continued his silence. Journalists were furious and staged a mass walk-out.
The Premier League success is Jose Mourinho's third with the club
Jose Mourinho says his Premier League-winning side will have to be even better next season
Crowning moment: Jose Mourinho and Chelsea bid farewell to Didier Drogba after lifting the Premier League trophy
Shocking: Jose Mourinho has been left stunned by events at Chelsea this season
Jose Mourinho's Chelsea side are under pressure going into the clash with Liverpool
Eva Carneiro
A supporters wearing a Jose Mourinho mask waves from his seat ahead of the English Premier League football match between Chelsea and Liverpool at Stamford Bridge in London on October 31, 2015. AFP/Getty Images
LONDON, ENGLAND - OCTOBER 31: Chelsea fans hold a banner to show their faith to Jose Mourinho prior to the Barclays Premier League match between Chelsea and Liverpool at Stamford Bridge on October 31, 2015 in London, England. (Photo by Ian Walton/Getty Images)
LONDON, ENGLAND - OCTOBER 31: Chelsea fans wearing Jose Mourinho, John Terry and Diego Costa masks are seen on the stand prior to the Barclays Premier League match between Chelsea and Liverpool at Stamford Bridge on October 31, 2015 in London, England. (Photo by Clive Rose/Getty Images)
Chelsea manager Jose Mourinho watched as his side lost 3-1 to Liverpool
Out of form: Diego Costa was on the bench for Chelsea
Chelsea's assistant manager Steve Holland (left), Diego Costa and Kenedy (right) before the Barclays Premier League match at the White Hart Lane, London. PRESS ASSOCIATION Photo. Picture date: Sunday November 29, 2015. See PA story SOCCER Tottenham. Photo credit should read: John Walton/PA Wire. RESTRICTIONS: EDITORIAL USE ONLY No use with unauthorised audio, video, data, fixture lists, club/league logos or "live" services. Online in-match use limited to 75 images, no video emulation. No use in betting, games or single club/league/player publications.
Chelsea's Brazilian-born Spanish striker Diego Costa (top) passes Chelsea's Portuguese manager Jose Mourinho as he goes to warm up during the English Premier League football match between Tottenham Hotspur and Chelsea at White Hart Lane in north London on November 29, 2015. AFP PHOTO / BEN STANSALL RESTRICTED TO EDITORIAL USE. No use with unauthorized audio, video, data, fixture lists, club/league logos or 'live' services. Online in-match use limited to 75 images, no video emulation. No use in betting, games or single club/league/player publications.BEN STANSALL/AFP/Getty Images
Chelsea's Brazilian-born Spanish striker Diego Costa (R) walks along the touch line during the English Premier League football match between Tottenham Hotspur and Chelsea at White Hart Lane in north London on November 29, 2015. AFP PHOTO / BEN STANSALL RESTRICTED TO EDITORIAL USE. No use with unauthorized audio, video, data, fixture lists, club/league logos or 'live' services. Online in-match use limited to 75 images, no video emulation. No use in betting, games or single club/league/player publications.BEN STANSALL/AFP/Getty Images
Chelsea manager Jose Mourinho (cenrtre) with assistants Rui Faria (left) and Steve Holland on the touchline during the Barclays Premier League match at The King Power Stadium, Leicester. PRESS ASSOCIATION Photo. Picture date: Monday December 14, 2015. See PA story SOCCER Leicester. Photo credit should read: Mike Egerton/PA Wire. RESTRICTIONS: EDITORIAL USE ONLY No use with unauthorised audio, video, data, fixture lists, club/league logos or "live" services. Online in-match use limited to 75 images, no video emulation. No use in betting, games or single club/league/player publications.
Chelsea manager Jose Mourinho's miserable season shows no sign of improving
Jose Mourinho has left Chelsea
STOKE ON TRENT, ENGLAND - DECEMBER 26: A Stoke City fan wears a Jose Mourinho mask as he poses with a P45 for Louis van Gaal, manager of Manchester United during the Barclays Premier League match between Stoke City and Manchester United at Britannia Stadium on December 26, 2015 in Stoke on Trent, England. (Photo by Dave Thompson/Getty Images)
Jose Mourinho

The FA's chief executive Martin Glenn and head of governance Darren Bailey are to be quizzed about the handling of the case by the governing body's Inclusion Advisory Board later this month.

The IAB's chair Heather Rabbatts is under investigation by the FA following her comments criticising officials for not speaking to Carneiro in person during the Mourinho investigation.

It has been reported that Sky Bet Championship club Charlton could be preparing an offer to Carneiro to work for them, but no one at the club has yet been available for comment.

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