Constructive dismissal? A bad case of the blues…


Under the Laws of the Game, medical staff are not allowed onto the field without the referee's permission

Author: Roxanne Bradley
Reading time: 2 minutes

This article is 7 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It has recently been reported in the news that Chelsea FC, Premier League champions 2014/15, could be facing a case for constructive dismissal.

There has been a lot of media attention regarding how club doctor Eva Carneiro left the club.

For those who don’t know, Carneiro was the doctor at the club and ran onto the pitch during a match against Swansea, after being called on by the referee to treat Eden Hazard. Mourinho furious, then publicly shouted at Carneiro and her colleague Jon Fearn as they returned to the bench, he then said further that Carneiro was naïve and did not understand the game.

Under the Laws of the Game, medical staff are not allowed onto the field without the referee’s permission, but have a duty to tend to an injured player when summoned.

It has now been reported that a case against Chelsea has been filed by Carneiro’s legal team.

Unless an out of court settlement is reached, the paperwork will trigger an employment tribunal which will lead to a hearing. Claims can be brought to a tribunal within three months of a incident however if the claimant wished to persue their claim through the High/County Court the employee will have up to six years. This however would be for breach of contract only, and not unfair dismissal.

So what is constructive dismissal?

This is where an employee has a claim against an employer as they believe they have been badly treated which has led them to resign from their job. This can include the employer breaching the implied duty of mutual trust and confidence. For example, if you, as an employer were to brand a member of staff a name/use of bad language, or talk down to them on their own or with other colleagues present, the employee could argue those actions had broken the relationship between employer and the employee and therefore breached the implied relationship of Trust and Confidence.

The remedies available to a claimant are compensation, injunctions and specific performance.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.