The ex-Manchester City defender Benjamin Mendy has achieved a partial triumph in his legal battle against the Premier League club for over £11m in unpaid wages, following his acquittal on sexual offence charges. The French national filed a claim with an employment tribunal against City in the previous year, seeking unpaid wages and interest from the time the club ceased paying him in September 2021 until the termination of his contract in June 2023.
Mendy contended that City had illegally withheld wages that were contractually due to him, stating in a witness statement that he had been assured of payment once he was cleared of the charges. City's legal representatives argued that Mendy was not paid because he was "not prepared and capable to fulfill his duties... as a result of his own actions", citing his detention prior to his trial for violating bail conditions.
Judge Joanne Dunlop partially upheld Mendy's case in a written ruling on Wednesday. A summary of the tribunal's decision stated: "The outcome of this ruling is that Mr. Mendy will be eligible to receive the majority of his unpaid salary, though not all of it." Dunlop noted in her decision that Mendy spent two stints in custody, totaling approximately five months of the 22-month period covered by his claim, during which City was legally entitled to withhold his pay.
When Mendy was not in custody, Dunlop determined that he was "prepared and eager to work" but was prevented from doing so due to obstacles such as his suspension by the Football Association and bail conditions that were "unavoidable or involuntary on his part". "In such circumstances, and in the absence of any contractual authorization for the employer to withhold pay, he was entitled to be paid," Dunlop stated.
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