Benjamin Mendy has won the majority of his £11m claim against Manchester City for unpaid wages after the club stopped paying his salary when he was charged with rape and sexual assault.
The 30-year-old took the club to an employment tribunal after his £500,000 per month wage was withheld by the club in 2021. The French international and World Cup winner was later cleared of all charges after two trials.
Mr Mendy, who now plays for French Ligue 2 club Lorient, made a claim against Man City for “unauthorised deductions” from wages.
Tribunal Judge Joanne Dunlop on Wednesday ruled Mr Mendy should be entitled to the majority of his £11 million claim. She ruled Man City were entitled to withhold Mr Mendy‘s money when he was remanded in custody due to breaching bail conditions.
During the periods when Mr 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 Man City, which was “involuntary” or “unavoidable” on Mendy‘s part.
She said Mr 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 Man City contained no provision allowing them to withhold wages where an FA suspension and/or bail prevented him from playing football.
After his suspension, the tribunal heard that Mr Mendy “very quickly ran out of money” and had to sell his £4.8 million Cheshire mansion to cover legal fees, bills and child support payments after his wages were withheld.
Mr Mendy said his agent, Meissa N’diaye, paid towards his legal fees, while teammates including England international Sterling offered “financial support”.
“Raheem Sterling, Bernardo Silva and Riyad Mahrez all lent me money to help me try and pay my legal fees and support my family,” he said in his witness statement.
The left-back described his 2021 charging as the day “my life was turned upside down forever.”
Mr Mendy spent two periods in custody, which accounted for approximately five months of the 22-month period covered by his claim.
The tribunal heard he enjoyed partying, and was held in custody between August 2021 and January 2022, and again between December 2022 and January 2023 after he breached his bail conditions by hosting and attending multiple parties.
A January 2021 party at his multimillion-pound home lasted until 4am, despite him having a match the following day, the tribunal was told.
He claimed Man City’s then chief football operating officer, Omar Berrada, told him he would receive his unpaid wages once he had been cleared of the charges, which Mr Berrada denied.
The club had continued paying Mendy following his first arrest in November 2020, but argued they did not have to carry on doing so later because his bail conditions and Football Association suspension meant he was not able to perform his duties as a player.
Sean Jones KC, representing the club, told the tribunal the player only had himself to blame for not being paid.
He said Mr Mendy‘s womanising, partying during the Covid lockdown, and breaking bail conditions led to his arrest and stay in jail.
Mr Mendy, Mr Jones told the tribunal, thought he could “ignore all the rules”, resulting in him being unable to train and play for Man City, but claimed it should not affect his entitlement to pay.
His “luck ran out” finally in August 2021 when, following a further allegation, he was charged with offences, a judge remanded him in custody and the club stopped paying him.
Mr Mendy was then unable to train or play for Man City – his “core duties” as an employee of the club, who stopped his wages.
But Nick De Marco KC, representing Mr Mendy, told the tribunal the case was not about the footballer’s lifestyle.
“He partied too much and too often. Very often with other high-profile members of Manchester City’s team,” he said.
He was found not guilty of six counts of rape and one count of sexual assault in January 2023, but the same jury could not reach a verdict on another count of rape and one count of attempted rape.
It saw a retrial and Mendy was found not guilty of one charge of rape and one charge of attempted rape. The total amount Mr Mendy is entitled to is yet to be agreed by his lawyers and Man City.
Additional reporting by PA