There are reports the chief’s sacking could cost Roman Abramovich as much as $60 million – top London-based legal advisor Oliver Fetiveau separates what could happen. Jose Mourinho’s rejection from Chelsea on Thursday is an altogether different pot of fish from previous first group specialist Eva Carneiro’s takeoff from the club in September. Carneiro recorded a case for useful release having been openly condemned by Mourinho and after that downgraded taking after the 2-2 home draw against Swansea toward the begin of the season.
Mourinho is on an altered term contract, thus would not have an Unfair Dismissal claim. Chelsea simply needs to ensure that the club satisfies the agreement – on the off chance that it doesn’t then Jose may have a case for “wrongful release”.
The unseen details are the main problem of his agreement – there may be a condition in there proposing that on the off chance that he is rejected for poor execution, then just a greatest of one season’s compensation is payable.
Accepting that there isn’t, and that he has not been terminated for wrongdoing, the beginning stage is that he will hope to be paid out for the full estimation of the time staying on his agreement – straight up until the mid year of 2019, at full compensation (Mourinho marked another four-year contract worth around $45M this mid year). Commonly, clubs arrange installment of a lesser sum, however forthright and in one single amount.
In this case there are two potential flies in Jose’s ointment, though:
1. As with any other employment scenario, if Chelsea has flagged a misconduct issue then the club would seek to wriggle. The Carneiro incident is the obvious ace up the team’s sleeve.
We do not know what position the club has taken but if, for example, the employment tribunal was to rule in favour of her discrimination claim, Chelsea would have evidence of gross misconduct on the part of Mourinho – meaning the club could fire him without any of the financial penalties. This assumes that Chelsea reserved its position, put him on a warning and could not be said to have affirmed his contract.
2. If Jose were to walk into a new job, then any claim for damages would be restricted to his actual loss. If he were to take over Manchester United tomorrow, on the same salary, then arguably he has suffered little or no loss.
In practical terms, managers get a payoff and pick up their new salary when they leave, but the prospect of future earnings will always be relied upon in any payoff negotiation. For this reason, you are unlikely to see Jose agreeing to join a new club until the Chelsea check is in his bank.
All managers are subject to Rule K arbitration under their contracts and therefore hearings are dealt with by an FA panel comprised of lawyers. Unfortunately, that means any spat between Mourinho and Chelsea is unlikely to play out in public – with disputes and remedies firmly behind closed doors.