French defender Benjamin Mendy has lately won a court ruling in his case of unpaid wages against former club Manchester City. Mendy, cleared of charges last year, had filed the claim against City for illegally withholding roughly $11 million in wages. In a long drawn-out legal battle, an employment tribunal judge ruled that City has to pay Mendy most of his unpaid salary potentially amounting to around $8.5 million while allowing the club to withhold pay for the five months he spent in custody. This is sure to create many questions about employer obligations, contract terms, and employee rights, especially in situations as sensitive as serious allegations.

In 2021, when Benjamin Mendy was accused of sexual assault, Manchester City suspended him from all team activities. Mendy was contractually bound to the club and faced severe restrictions with his suspension and then the custody period. At the time of his suspension, Benjamin Mendy‘s contract with City required the club to pay his salary. However, with the seriousness of the allegations, City argued that the situation was unique. The club withheld Mendy‘s salary for a total of 22 months, including the five months he spent in custody after breaching bail conditions.

While Benjamin Mendy accepted that the club was entitled to withhold pay for the period he was in prison, he argued that he should still be paid for the 17 months he was suspended but not detained. His case rested on his claim that he was “ready and willing to work“ during those months, pointing out that his suspension was precautionary and that he should be compensated for time lost through no fault of his own.

Manchester City’s argument: “Not ready and able” to perform

City‘s lawyers attempted to explain that Benjamin Mendy‘s conduct within this period made him “incapable and unwilling to perform his contractual obligations.” The club lawyers further stated that the footballer violated COVID-19 rules and bail terms. Furthermore, the lawyers said that his partying, drinking, and defiance of restrictions showed he wasn’t adhering to his obligations. 

According to the club, Mendy’s behavior fell short of the standards expected of a professional footballer and warranted a hold on payment. City‘s lawyers argued that Benjamin Mendy had effectively abandoned his duties as he ignored both legal and team regulations, making him a liability rather than a team asset during this period. According to City, Mendy‘s actions justified the club‘s refusal to pay his salary.

The Tribunal’s decision in favour of Benjamin Mendy

The ruling delivered by Judge Joanne Dunlop brought clarity to the complex case. She ruled that Manchester City was justified in withholding Benjamin Mendy’s pay during Mendy’s detention for five months, but for the other 17 months, her ruling was in favor of Mendy. Judge Dunlop said that, although Mendy was not able to work for that period due to suspension and bail conditions, these conditions were beyond his control and did not render him unfit or unwilling to work.

“The suspension was precautionary, not punitive,” Dunlop stated, emphasizing that it was neither an admission of guilt nor a punishment. It was just the obvious consequence of the very serious allegations made against him that were eventually found to be false. Dunlop thinks Benjamin Mendy should be paid for this involuntary effect on his career. The exact amount that City must pay Benjamin Mendy will be determined by negotiation or hearing sometime in the future, expected to be around $8.5 million. 

Benjamin Mendy let out a sigh of relief upon the verdict of the tribunal. He sought Manchester City to “do the right thing“ and pay him based on the verdict. Mendy‘s lawyers claimed the club delayed payment unfairly by keeping him hanging till his contract expired. City made vague promises of paying him after he was acquitted but never paid, said Nick De Marco, Mendy’s lawyer.

Benjamin Mendy is now back in action for FC Lorient. The decision by the tribunal will ensure he gets paid for all his wages by Manchester City. This eases his legal battle hardships. Now, City might rethink its player contracts and legal processes – Benjamin Mendy’s case highlights the need for fair treatment in criminal allegations.