The dismissal case surrounding Chelsea FC’s former doctor, Eva Carneiro, has been rumbling on for nearly a year now.
Yesterday she settled her claim against the club on confidential terms, and reached a discrimination settlement against the club’s former manager Jose Mourinho. Speaking to HR Grapevine, Beverley Sunderland, Managing Director of Crossland Employment Solicitors, gave her thoughts on what HR can learn from this protracted employment tribunal.
“Compensation in an employment tribunal is capped unless you are claiming that your dismissal was discriminatory or in certain other circumstances. This cap is one years’ pay or £78,335 (as at the date Eva Carneiro was dismissed), whichever is the lower.
“A tribunal only awards compensation based on actual losses and so, if you get another job on the same pay, it does not make your dismissal less unfair, it just means you get no compensation. This applies whether your dismissal was discriminatory or not. You are also under a duty to mitigate your loss and so, if you are a highly qualified doctor, a tribunal might question why you have not got another job.
“If you have an ongoing loss it is entirely at the discretion of the tribunal as to how far into the future they will award this. They might also say that an employee contributed to their dismissal or might have left anyway.
“If you succeed in showing that your dismissal was discriminatory then you will also receive an injury to feelings award between £500 and £32,000 depending on the seriousness and whether it was a prolonged campaign. If part of the claim is that there has been a discriminatory dismissal, then you can expect it to be around £10,000 to 15,000.
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SOURCE: HR Grapevine