Chelsea say that Eva Carneiro turned down an “open offer of £1.2 million” to settle her claims against the club and Jose Mourinho.
Carneiro took her claims against Chelsea and Mourinho to a public employment tribunal in Croydon on Monday, after private hearings between the parties in January and March failed to result in a settlement.
In the respondents’ skeleton argument circulated in the wake of the tribunal’s morning session, Chelsea and Mourinho deny that Carneiro “has been treated unlawfully in any way,” stating that she instead adopted a “provocative approach” towards attempts at reconciliation with Mourinho and “indicated a willingness to remain at Chelsea only if her wholly unrealistic and extravagant financial [and other] demands were met”.
These demands, according to Chelsea and Mourinho, included “(i) an increase in her basic salary of more than 40% (to £400,000); (ii) a severance payment of one year’s salary, should she suffer any harassment or her role be compromised; (iii) an extension of her notice period from three to six months; (iv) the benefit of a “structured, objective and robust” bonus scheme “to properly reward me for my contribution to the club’s success”; (v) external independent PR and legal advice to be paid for by Chelsea; (vi) an immediate return to her position on the bench; and (vii) a “substantial payment” in compensation for her distress.”
Chelsea and Mourinho claim that Carneiro has been offered her job back “on more than one occasion” since she left the club in September, and was also made an open offer of £1.2m to settle her claims, due to their assertion that “it is in no one’s interest that this dispute should be determined through litigation.”
In the claimant’s opening note issued by Carneiro’s legal team, the case is described as “a tale of two employees: one good and one bad. The bad employee forces the good employee out of the job of her dreams and the employer does nothing to stop it. The bad employee berates, sexually harasses and demotes the good employee for carrying out her professional duties, namely her health and safety duties as the first team doctor, pitch side.
“Rather than investigating and disciplining the bad employee, the employer allows the bad employee to confirm the demotion, both publicly and privately and to continue with his job. By comparison, the good employee’s demotion is confirmed and she is instructed to return to work and ‘build bridges’ with the bad employee.”
The opening note also details Carneiro’s claims for the first time: Constructive dismissal, unfair dismissal, detriment, direct sex discrimination and sexual harassment against Chelsea, as well as sex discrimination and sexual harassment against Mourinho.
At the opening of the tribunal, Carneiro’s barrister, Mary O’Rourke QC, confirmed that she plans to cross-examine Mourinho on his witness statement, as well as Chelsea director Marina Granovskaia, chairman Bruce Buck, head physio Jason Palmer and head of communications Steve Atkins.
The tribunal will resume on Tuesday afternoon, when witness statements will be made public and Carneiro is expected to be cross-examined.