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Club’s lawyer says former City left-back has only himself to blame for not being paid after partying and breaking bail conditions
Benjamin Mendy thought he could “ignore all the rules” with his notorious partying before losing his monthly £500,000 Manchester City wages, the club’s barrister told an employment tribunal.
Sean Jones KC said Mendy had only himself to blame for not being paid because of his partying – which often took place during lockdown – along with breaking bail conditions which lead to his arrest and stay in jail.
Mendy’s tribunal claim for £11.5 million in unpaid wages after he was charged with sex offences will now be decided in four weeks after evidence was wrapped up in Manchester. The 30-year-old France international and World Cup winner launched his claim after being cleared of all charges after two trials last year.
Jones said Mendy argued his contract of employment created a “moral hazard” for his employers. The barrister said: “That he is in a position where he should be in a position to say, and does say: ‘I can behave as irresponsibly as I like. I can ignore all rules, both legal and common sense.
“‘To the point that my behaviour results in me being placed in prison and thus unable to perform any of my duties, that should in no way affect my entitlement to pay.’ In other words, there’s to be no consequence for his behaviour.”
Jones said in September 2020, the Government imposed the “rule of six” Covid restrictions. However, on October 6, Mendy held a party at his home, The Spinney, in Mottram St Andrew, Cheshire, and police were called.
Jones said anyone else would think they were lucky and had a “narrow escape” – but Mendy held another party the next day, where a rape allegation was made against him. Jones added: “At that point he’s been engaging for years in highly risky behaviour, bringing home women for sex while knowing very little about them.
“He consciously ignored his legal obligations, both to the club, and under Covid regulations and under bail conditions and he ignored the advice of the people closest to him, including his agent.”
Jones said by January 2021 Mendy was facing two serious sexual allegations, he was on bail and the UK was in national lockdown.
The club had told the player “no parties” according to Jones. His bail conditions also meant no parties, Covid rules meant no parties, and his agent told him: “No more parties.”
Instead, Mendy held another party where a woman made another allegation against him. “This is a man, who, he told you, could not care less what the rules did,” Jones said. But his “luck ran out” finally in August 2021, when following a further allegation, a judge remanded him in custody and the club stopped paying him.
Jones said once Mendy had been remanded into custody he was unable to train or play for City – his “core duties” as an employee of the club. After he was later released on bail, his bail conditions, with curfew hours, meant he still could not train or play for the club.
However, Nick De Marco KC, representing Mendy, said: “This is not a case about moral culpability. He is a young man who has already paid a very high price, for the mistakes he admits he has made. He partied too much and too often. Very often with other high-profile members of Manchester City’s team.
“As a result of allegations that turned out to have all been dismissed, he spent over four months in custody. Time he can never get back.”