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Constructive Dismissal hits the Premier League?

Recent reports suggest that Eva Carneiro, former Chelsea doctor, is about to claim Constructive Dismissal.

What is “Constructive Dismissal”?

Constructive dismissal is when an employee feels forced to resign after a serious breach of contract.  For instance:

• Reducing pay without prior agreement.
• Failing to make an agreed payment when all the terms have been met.
• Unreasonable changes to working patterns.
• A serious breach of health and safety.

What happened to Eva Carneiro?

For non-football fans, Eva Carneiro was Chelsea’s doctor.  On 8th August, Chelsea had had a player sent off and were down to 10 men.  In stoppage time, Chelsea player, Eden Hazard, was injured.  The referee signalled the doctor and her physio on to treat him.  Under FA rules, if a player receives treatment on the pitch they have to go off and be waved back on by the referee.  While Eden Hazard was off the pitch, Swansea had a good chance to score.  Had they done so, Chelsea would have lost the game.

The Chelsea Manager stated publicly “I wasn’t happy with my medical staff because even if you are a medical doctor or secretary on the bench you have to understand the game.”  Eva Carneiro and her physio were dropped from first team duties.

Her claim is likely to be that this was a serious breach of contract and she had no choice but to resign.

What happens now?

In order to make a tribunal claim, Eva Carneiro will first need to contact ACAS.  Neither party has to agree to ACAS becoming involved but ACAS claim that 3 out of 4 cases do.  If no agreement is reached, ACAS will issue a certificate.  Once she has this certificate, a tribunal claim can be registered.

Could this be Constructive Dismissal?

Employees may resign because they are unhappy about something their employer has or hasn’t done.  It does not necessarily mean it is Constructive Dismissal.  Before you make any major changes, please contact me.  Handled correctly, you may not lose that valued employee at all.