Employment Tribunal Rules Footballer Benjamin Mendy Entitled to Majority of Wages in Dispute with Man City

Employment Tribunal Rules Footballer Benjamin Mendy Entitled to Majority of Wages in Dispute with Man City

Summary

On 30 October 2024, the Employment Tribunal ruled that former Manchester City defender, Benjamin Mendy, was partially successful in his claim against Manchester City over unlawfully withheld wages.

Background

In August 2021, Benjamin Mendy was charged with sexual offences and remained in custody until January 2022. During 2021-2023 Mendy was in custody twice for breaching bail conditions by hosting or attending parties.  Mendy was also suspended from the FA until 30 June 2023, which meant that he could not take part in any football-related activities.

Mendy was later acquitted of all offences in January 2023. Benjamin Mendy filed a claim with the Employment Tribunal against Manchester City, seeking the return of his wages from the period of September 2021 to June 2023, a period during which he was suspended without pay. The total amount sought was approximately £11 million

Arguments Raised

Mendy’s lawyer submitted that Manchester City contravened Section 13 of the Employment Rights Act 1996 (unlawful deduction of wages), by withholding the footballer’s wages and that the club should have either followed their dismissal procedure so that Mendy could contract another club or continued paying him while he was under contract with them.

Manchester City argued that Mendy was not paid his wages as he was unable to fulfil his contractual obligations due to the FA suspension, his custody, and the imposed bail conditions.

Tribunal’s Findings

Judge Joanne Dunlop found that Mendy was “ready and willing” to work during the non-custody periods but was prevented from doing so due to the involuntary and unavoidable FA suspension and bail conditions.

The judge acknowledged Manchester City’s right to withhold pay during the periods when Mendy was in custody for breaching bail conditions, which amounted to around 5 of the 22 months he was not paid. However, for the remaining period of 17 months, Mendy’s claim for unpaid wages was successful.

The exact amount Mendy is entitled to will be determined either through an agreement between the parties or at a future hearing if no agreement can be reached, albeit it is estimated that based on his basic salary on £6m per year, Mendy will receive in the region of £8.5m.

How we can help

If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to get in contact with us on 01206 239761.