Ex-Manchester City defender Benjamin Mendy has won the majority of his £11 million claim for unpaid wages against his former club.
Mendy, 30, took City to a two-day employment tribunal last month in Manchester, claiming the club had wrongly stopped his £500,000 a month salary after he was charged with sex offences and remanded into custody in August 2021.
Tribunal Judge Joanne Dunlop on Wednesday ruled Mendy should be entitled to the majority of his £11 million claim for unauthorised deductions from his wages by the club.
She ruled City were entitled to withhold Mendy’s money when he was remanded in custody due to breaching bail conditions.
During the periods when Mendy was not in custody, he was also unable to fulfil his job, the judge found, primarily because he had been suspended by the Football Association (FA).
Judge Dunlop ruled the nature of that suspension was “precautionary” and there were no findings of misconduct made by the FA.
She concluded the suspension was therefore an impediment to him fulfilling his contract to train and play for City, which was “involuntary” or “unavoidable” on Mendy’s part.
She said Mendy’s bail conditions were influenced, at least indirectly, by the FA suspension, and were themselves an involuntary or unavoidable impediment.
The club were therefore not entitled to withhold his pay and his contract with City contained no provision allowing them to withhold wages where an FA suspension and/or bail prevented him from playing football.
Mendy spent two periods in custody, which accounted for approximately five months of the 22-month period covered by his claim.
The total amount Mendy is entitled to is yet to be agreed by his lawyers and Manchester City.
