Employment law specialist solicitors serving Dundee and Scotland
The former Chelsea doctor, Eva Carneiro, who was dismissed after a bust up with then-manager Jose Mourinho, has failed to reach a settlement agreement with the club resulting in a private employment tribunal hearing beginning this week.
Due to both parties being unable to reach a settlement, it is expected that the case will end up in an employment tribunal and could result in lengthy court action.
Carneiro’s has launched a constructive dismissal and sex discrimination claim after she was frozen out of her job with the club. The club doctor had fallen out with the then manager of the club after she ran onto the pitch to treat a player in the dying minutes of a game, against the manager’s wishes. The doctor was banned from first team matches and attending the ground on certain days, ultimately leading her to quit her role at the club.
She then took legal action citing unfair dismissal after she has asked to be reinstated in her role as the first-team doctor. Carneiro claimed for damages for sex discrimination from Jose Mourinho, as well as personal injury compensation and aggravated damages from the club. It is believed that the number of cases launched by Carneiro made it difficult for any settlement agreement to be met.
While many people believe that a settlement agreement is a terrible outcome and means job loss or redundancies, such agreements can be particularly beneficial for both employees and employers. A settlement agreement is a contractual document that sets out the terms between the parties for the agreed termination of the worker’s employment. The employer pays the employee a sum of money in return for the employee agreeing not to bring any employment claims against the employer for any breaches of employment legislation, such as unfair dismissal, or to resolve any potential dispute.
Most settlement agreements involve a substantial amount of capital (normally around 3-4 months pay) which does not get taxed resulting in a large cash offering. As well as this, a settlement agreement can include a strong reference which can be even more valuable than a lump sum. There is no pressure to sign a settlement agreement and if you do not wish to sign a settlement agreement, you can continue with legal action and go to an employment tribunal.
If you have been offered a settlement agreement, it is vital that you seek legal advice as such contracts can be exceptionally complex. Once a settlement agreement has been signed it must be upheld, thus, it is imperative that you seek legal advice when agreeing to such a document. If you believe you have been unfairly dismissed, have been mistreated in the workplace, if you have been offered a settlement agreement or if you wish to take employment action, our team of expert solicitors can help. Get in touch with our team of employment specialist today using our online contact form.