Stefan Borson: Man City could appeal judge’s ruling after ‘surprising’ twist
Manchester City could appeal against the decision in the Benjamin Mendy case after they have been ordered to pay the majority of his unpaid wages.
That is the view of former Man City financial adviser Stefan Borson, who exclusively told Football Insider the ruling sets a precedent around clubs potentially having to pay players while they are suspended.
Mendy, who was charged with rape and sexual assault in August 2021, took Man City to an employment tribunal to claim around £11million in unpaid wages after he was suspended without pay from September 2021 until he left the club in June 2023.
The France international was cleared of a series of rape and attempted rape charges last year.
Judge Joanne Dunlop ruled the 30-year-old is entitled to be paid the majority of his unpaid salary by the Premier League champions, but the club were entitled to withhold his salary for the periods he was in custody.
Man City were stuck after FA suspended Benjamin Mendy
“The ruling was a little bit surprising in some respects,” Borson told Football Insider.
“Mendy has ultimately been acquitted against all of it. You have a situation where, for a number of years, the player is initially suspended by the FA, not just the club.
“When you are suspended by the FA, in the case of Mendy because one of the allegations related to a minor, he was prevented under safeguarding rules from even attending the training ground and was, therefore, unavailable for any work whatsoever for City.
“City have to pay him for that period, so we now have a situation where there is a precedence and it may be challenged by City on appeal.
“It appears to set a bit of a precedent within football, where if the FA suspend a player so it’s beyond the control of the player and also the club, the club still has to pay him.
“There is no way around it. City really were pretty much stuck on that point.
“The employment tribunal found for City in respect of the period where he was on remand because effectively they said that was more within control of the player and, therefore, it was legitimate for City to withhold his wages for that period, but not for the period where there was the FA suspension.
“It’s quite problematic for some clubs because you could end up in a situation where a club that’s not as wealthy as City has a contractual right to pay a player even where they clearly can’t use him because he’s suspended.
“It was interesting in that the tribunal said it was the largest-ever claim in English law for withheld wages at £11million.
“It just shows the exceptionalism of football.”
In other news, 31-year-old could quit Man City and join title winners.
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