Former Manchester City defender Benjamin Mendy will receive “the majority of his unpaid salary” from the Premier League club, a judge has ruled.
The France international, who was charged with rape and sexual assault in August 2021, took City to an employment tribunal to claim about £11m before tax in unpaid wages after he was suspended without pay from September 2021 until he left in June 2023.
Last year Mendy was cleared of a series of rape and attempted rape charges.
Judge Joanne Dunlop ruled that City were entitled to withhold Mendy’s salary for the periods he was in custody, which amounted to about five of the 22 months he was not paid.
A Football Association suspension meant Mendy was unable to fulfil his contractual obligations when not in custody and the judge said City were not entitled to withhold his pay during this time.
“The fact that Mr Mendy’s contract contained no provision permitting the club to withhold wages where an FA suspension and/or bail conditions prevented the player from performing his obligations was an important part of the reason for this decision,” a summary judgement read.
“The result of this decision is that Mr Mendy will be entitled to receive the majority of his unpaid salary, although not all of it.”
Mendy’s basic wage was £6m a year.
In the judgement of the case, Judge Joanne Dunlop said: “I found that Mr Mendy was “ready and willing” to work during the non-custody periods, and was prevented from doing so by impediments (the FA suspension and bail conditions) which were unavoidable or involuntary on his part.”
She said the amount Mendy will receive will be calculated between the two parties or at a future hearing if it cannot be agreed.
Mendy joined City from Monaco in a £52m deal in 2017 and won the Premier League in 2018, 2019 and 2021.
His final appearance for the club was on 15 August 2021.
Mendy, who left City when his contract expired, currently plays for French side Lorient.
He was remanded in custody for five months before being released on bail in January 2022. The case went to trial for the first time in August 2022.
In January 2023 Mendy was cleared of six counts of rape and one count of sexual assault.
He was then cleared of raping a woman and attempting to rape another in July 2023 at a retrial.