Man. City to Pay Mendy up to £11m in unpaid wages
Footballer Benham Mendy signed a contract with Manchester City for £50 million pounds in 2017 on a salary of more than £6 million per annum. Mr Mendy subsequently was successful gaining victories in both the Premier League and World Cup.
In August 2021, Mr Mendy was charged with rape and sexual assault. He was suspended from the club between September 2021 until he left in June 2023.
Last year Mr Mendy was cleared of rape and sexual assault charges as there was not sufficient evidence to convict him.
Mr Mendy subsequently made a claim for unpaid wages for the previous two years whilst he was suspended. The Employment Tribunal found that Manchester City was right to withhold Mr Mendy’s salary in the period that he was in custody totalling around five months of the two year period. However, it was found that it was unreasonable for them to withhold payments for the period when he was not in custody which was around 1 ½ years. The Employment Tribunal found Mr Mendy was ready and willing to work but was prevented from doing so as a result of the suspension from the Football Association and bail conditions, which were unavoidable or involuntary on his part.
In Mr Mendy’s witness statement he said that he had been promised that he would be paid his wages by the club in the event he was cleared of the charges. However, this was not the case.
In the Judgment it states that Mr Mendy’s contract did not contain any provision permitting the club to withhold wages in the event of suspension or where bail conditions prevented the player from carrying out his duties.
Vaishali Thakerar, Director, Employment Solicitor
Lawson West Solicitors, Leicester
This case demonstrates that it is crucial that employment contracts are clear and cover all issues and eventualities. This requires a careful balancing of legal, ethical and reputational considerations. An expensive lesson learned for the Football club in this particular case.
If you have been affected by unpaid wages or a dispute with your employer surrounding pay, our team of experienced employment law solicitors can help. Contact Us
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