EPL Index
·8 November 2024
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·8 November 2024
In a pivotal moment for both legal and football landscapes, Benjamin Mendy recently secured a significant win against Manchester City in an employment tribunal. This decision has raised critical questions about football contracts, player rights, and the responsibilities of clubs during ongoing criminal proceedings. Mendy, who sought compensation for unpaid wages, successfully argued that City unlawfully withheld payments from 2021 to 2023, following his suspension and the criminal allegations against him.
Mendy’s employment tribunal focused on City’s decision to stop his wages after charges of multiple counts of rape and one of sexual assault emerged. Cleared of all charges in 2023, Mendy argued that the club’s choice to cut off his salary violated contractual obligations. As Mendy shared, the loss of income left him in financial distress, claiming he “very nearly went bankrupt” and struggled to “pay child support,” relying on teammates’ financial support.
Photo: IMAGO
Manchester City, however, contended that Mendy’s suspension was justifiable due to his alleged “self-destructive” lifestyle, as Judge Joanne Dunlop’s ruling highlighted. The club insisted that Mendy’s behaviour created “full impediments,” preventing him from fulfilling his contract.
Judge Dunlop’s decision, which awarded Mendy £8.5 million of his £11 million claim, stemmed from the absence of specific terms in Mendy’s contract allowing City to halt payments during an FA suspension or amid court-imposed bail conditions. The judgment deemed Mendy “ready and willing” to work for most of the time City withheld his wages, with the only exceptions being his custodial periods.
As sports lawyer Nick De Marco KC, representing Mendy, argued, there was “nothing in his contract” that justified City’s decision to stop payment. Judge Dunlop emphasized this point, noting, “In those circumstances, and absent any authorisation in the contract for the employer to withhold pay, he was entitled to be paid.”
This verdict illustrates a legal principle that clubs must be cautious in navigating player suspensions, especially in situations where allegations are unproven. It highlights that employment contracts need precise language if clubs wish to withhold salaries during similar circumstances.
This ruling has potential consequences for football clubs beyond Manchester City. Dan Chapman, a partner at Leathes Prior, explained to The Athletic, “Clubs are already aware there are very, very limited circumstances in which they can not pay a player… the unusual feature of the case isn’t the outcome, it’s the fact City didn’t pay Mendy.” This case could prompt other clubs to re-evaluate their contracts, especially if the FA can impose suspensions that prevent players from participating without a criminal conviction.
Chapman suggested that clubs, especially those lower in the league hierarchy, may feel vulnerable if faced with suspending players based on criminal accusations without a final conviction. The FA might be pressured to consider covering wages during suspensions, particularly when players maintain their innocence.
Furthermore, the ruling may instigate a broader industry discussion regarding contractual updates to account for such scenarios. As it stands, however, the Players’ Association (PFA) is unlikely to support any amendments that reduce protections for players.
Manchester City’s next steps remain uncertain. While some speculate that the club may appeal the tribunal’s decision, Chapman noted that any successful appeal would require a solid legal basis, which may be difficult to establish given the specific findings in Mendy’s favor. Without substantial grounds, any appeal could face challenges.
City’s silence on the ruling leaves open questions on whether it will alter its contracts in the future to prevent similar disputes. As clubs and players reflect on this outcome, legal experts believe that this case may shape how teams handle suspended players and unpaid wages in future scenarios.
From a Manchester City fan’s perspective, the Mendy tribunal outcome evokes mixed reactions. While his legal victory highlights the complexities of balancing player rights with club responsibilities, fans might feel City has acted within reason given Mendy’s lifestyle choices and legal troubles. This decision might seem unfair for supporters, who may perceive the club’s stance as one rooted in accountability, only for City to now face financial consequences.
Moreover, this ruling stirs deeper concerns over the financial risks clubs face when players encounter legal issues, regardless of guilt or innocence. If the FA can suspend players during protracted criminal proceedings, should they share the financial burden? Fans may ponder if the club was justified in its approach, aiming to protect its values amid serious accusations. For Manchester City, Mendy’s case reveals the intricate balancing act of ensuring legal, moral, and financial obligations align—an issue that many supporters will follow closely as the sport evolves in handling complex player situations.