Former Chelsea first team doctor Eva Carneiro has decided to take the club and former boss Jose Mourinho to an employment tribunal, rather than accept a £1.2m settlement.
Carneiro is claiming constructive dismissal against Chelsea and is also bringing separate, but connected, legal action against Mourinho for alleged victimisation and discrimination.
The 42-year-old, along with physio Jon Fearn, enraged the then Chelsea manager – now the Manchester United boss – by running onto the pitch to treat player Eden Hazard.
The move left Chelsea temporarily with nine men as the goal keeper had already been sent off.
The employment tribunal heard claims that Mourinho called Carneiro “a daughter of a whore” in Portuguese. He denies using the term “filha da puta”, but instead insists what he said was “filho da puta”, which has no sexist connotations – it means son of a bitch.
The FA ruled in September last year that “the words used do not constitute discriminatory language”.
Carneiro did not appear on the bench again for first-team duties and later left the club.
“This is a tale of two employees, one good (Dr Carneiro) and one bad (Mr Mourinho),” said Mary O’Rourke QC, appearing for the claimant
“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 harassed and demoted 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 demotion… and to continue with his job.”
Documents shown to the employment tribunal allege Mr Mourinho insisted: “She works in academy team or ladys (sic) team not with me”.
The case is expected to be heard over seven to 10 days, but if an agreement is made, could be concluded at any time.