LONDON -- The public employment tribunal into Eva Carneiro's claims against Chelsea and Jose Mourinho got under way in Croydon on Monday, with both sides listing out in explosive detail the arguments and allegations that underpin their cases.
ESPN FC breaks down the key points of the case so far from each side which the tribunal's three-man panel will have to consider when forming their judgement.
- She enjoyed "an extremely successful career at Chelsea" prior to her dismissal, working under four different managers. Promoted to the position of first-team doctor in August 2011 on the understanding that she would one day succeed Dr Paco Biosca as medical director, she received a bonus in June 2015 as a "gesture of goodwill" for her efforts during the previous season, and was awarded a pay rise on July 1.
- Being present on the bench for matches was one of her "principal duties" as first-team doctor, and therefore any removal of this constituted a demotion. She attended approximately 280-290 games in her role between 2011 and 2015, missing only one through illness.
- Chelsea failed to take action over sexually explicit chanting at various away matches, failed to provide her with female changing or shower or locker facilities or a club suit, and failed to act on regular sexually explicit comments from colleagues; despite this, Carneiro did not leave because she considered it her "dream job."
- She claims Mourinho shouted at her for taking too long to assess a head injury sustained by Victor Moses during a friendly with Fiorentina at Stamford Bridge on Aug. 5, and continued abuse in the dressing room.
- She then heard Mourinho shout "filha da puta" (Portuguese for "daughter of a whore") as she ran onto the pitch to treat Eden Hazard during the closing stages of Chelsea's 2-2 draw with Swansea City on Aug. 8.
- Mourinho's post-match comments about "not understanding the game" ("Whether you are a kit man, doctor or secretary on the bench you have to understand the game") were clearly reflective of an accusation commonly levelled at women in football, and his reference to a "secretary" was clearly directed at Carneiro rather than Jon Fearn.
- Chelsea director Marina Granovskaia sent Carneiro text messages on the evening of Aug. 8 reassuring her that "you did nothing wrong" and adding "people who know Jose, know he's ranting," as well as agreeing that Mourinho was wrong to publicly attack her.
- Mourinho told Steve Atkins, Chelsea's head of communications, that Carneiro "works in academy team or ladys [sic] team not with me" on Aug. 10, without specifying that Fearn also be demoted from first-team duties.
- Fearn was only removed from first-team duties "in an attempt to avoid [accurate] allegations of sexism" in regard to Carneiro's treatment. He was demoted after her, and internal communications confirm that his removal from the bench was only intended to be temporary.
- On Aug. 11 she was summoned to a meeting in which Biosca informed her that she had been stripped of her first-team duties, and Mourinho told her that she must do what he wants on the pitch, above her professional duties as a doctor. Mourinho then held a meeting with Chelsea's medical staff on Aug. 13 without inviting or notifying her.
- Carneiro wrote to Biosca on Sep. 9 asking to return to first-team duties, but chairman Bruce Buck replied stating that she was expected back at work at 9 a.m. on Sep. 18 in her "adjusted role," and to attempt to "build bridges" with Mourinho on her return.
- She felt she had no choice but to resign, informing the club via email on Sep. 21.
- Chelsea made "minimal" attempts to help her cope with press intrusion that saw reporters camped outside her bungalow, forcing her to stay with friends in the countryside.
- The club's focus was instead on supporting Mourinho. Carneiro's overwhelming support came from the medical community, the PFA, the Premier League Doctors' Group and Michel D'Hooghe, chairman of the FIFA and UEFA Medical Commission.
CHELSEA AND MOURINHO
- Carneiro was not demoted and would still be Chelsea first-team doctor if she had not resigned "unnecessarily." Rather than try to reconcile with Mourinho, she instead adopted a "provocative approach" and indicated a willingness to remain at Chelsea "only if her wholly unrealistic and extravagant financial demands were met."
- Chelsea made "strenuous efforts at the highest level" to resolve the dispute and avoid a public tribunal, even making an open offer of £1.2 million to settle Carneiro's claims -- an offer she turned down.
- Carneiro did not consider Mourinho's actions to be discriminatory at the time, and is only claiming so now in order to lift the statutory cap on damages for unfair dismissal (currently set at £78,355) and justify her "extravagant compensation claim."
- Granovskaia intervened on Carneiro's behalf to keep her at Chelsea when the club's medical director at the time, Dr Bryan English, decided against renewing her temporary contract. English left the club shortly afterwards, to be replaced by Biosca, and Carneiro was promoted to first-team doctor.
- Mourinho enjoyed a "professional working relationship" with Carneiro prior to the dispute and Chelsea harboured hopes that she would one day become the club's medical director.
- But there were concerns within the club that Carneiro lacked the "commitment to developing the skills required to progress," particularly at the expense of being part of the "first-team" and what she perceived as the more high profile role of providing treatment on the pitch.
- Mourinho raised concerns with Carneiro and Fearn during the 2014-15 season over the speed with which they entered the pitch to treat a "visibly unhurt" Gary Cahill at a crucial point of a match.
- Carneiro was preoccupied with developing her profile and associating herself with the first-team. She signed autographs and took pictures with members of the public, nominated a high-profile first team player when uploading an Ice Bucket Challenge video to YouTube, and sought to position herself behind Mourinho for televised matches.
- She twice gave interviews, had discussions about presenting a TV programme and engaged a digital media consultant without informing Chelsea. She also secretly briefed against the club to the media.
- Mourinho used language "unremarkable in the context of a football dressing room" when talking to Carneiro about the time it took to assess Moses' head injury during Chelsea's friendly clash with Fiorentina, and it was his style "to express himself bluntly." Carneiro made no complaint about his conduct at the time and is now blowing the incident out of proportion to justify her claim of sexual harassment.
- During the closing stages of the Swansea match, Mourinho believed that Hazard was tired rather than hurt, and unaware of how little time remained in a match Chelsea were expected to win. Before he could send a message to Hazard, Fearn and Carneiro angered him by running onto the pitch and showing "insufficient regard to the match situation." Mourinho used the words "filho da puta" (the masculine form, meaning "son of a bitch") but was angrier at Fearn than Carneiro, as he had run onto the pitch first.
- Mourinho sought out Fearn after the match and he "took the feedback on board." He did not use abusive language towards Carneiro but she did not respond well. His post-match comments to TV were not specifically targeted at Carneiro and "had nothing to do with gender stereotypes."
- Granovskaia was "supportive and understanding" in her text exchanges with Carneiro on Aug. 8, but specifically told her it would be a very bad idea to vent her frustrations on social media.
- Granovskaia and Buck hoped to give Mourinho and Carneiro time to cool off before holding talks to resolve the matter, but Carneiro's Facebook post on Aug. 9 thanking the general public for their overwhelming support attracted "significant media attention" and inflamed the situation.
- Carneiro was aware of "the importance Mourinho placed upon his leadership and authority not being challenged or undermined," and knew the Facebook post was "bound to provoke him." He was very unhappy and decided to meet with Fearn and Carneiro on Aug. 11.
- Carneiro was "wholly unapologetic" about the Facebook post in the meeting, and Mourinho decided to take her and Fearn off the bench, due to "his need for complete trust in his backroom team," but reiterated that she was not being dismissed from her role as first-team doctor.
- Carneiro's role as first-team doctor did not require her to be on the bench, however much she "prioritised" her presence at first-team matches, and Mourinho was "perfectly entitled" to pick his own backroom team for the bench during matches and training.
- Granovskaia and Buck maintained a "sympathetic and understanding" tone in contact with Carneiro after the Aug. 11 meeting, and remained focused on trying to resolve the situation. They told Mourinho in an Aug. 13 meeting that his public comments about Fearn and Carneiro had been inappropriate and asked him to make conciliatory comments in his Friday press conference, which he did.
- The allegation that Chelsea failed to support Carneiro over press intrusion is "demonstrably without foundation," and the club took actions to remove and prevent the publication of stories that smeared her.
- Carneiro asked for a meeting on Aug. 20. There she presented Granovskaia with a list of "extravagant" demands and insisted she would only return to work if they were met. Chelsea ultimately decided they could not agree and instead encouraged her to return and "build bridges" with Mourinho.
- There is no evidence to support the claim that Chelsea authorised damaging leaks about Carneiro to the press, but there is evidence of her communicating with members of the media and third parties.
- Carneiro wasn't treated any worse than Fearn or because of her gender, and did not allege that Mourinho's actions towards her were discriminatory until sometime after the incidents of Aug. 5 and Aug. 8.
The hearing continues.