Payday for Mendy after unauthorised deductions from wages

The media has extensively covered news of footballer Benjamin Mendy's victory in his legal battle against Manchester City Football Club Limited. After a protracted dispute, a judge has ordered the Premier League champions to pay Mendy an estimated £8.5 million in withheld wages.

The sheer size of the payout has captivated attention, but behind the headlines, this case raises fundamental questions about employment rights and wage withholding - principles that impact not only high-profile athletes but also everyday workers.

Benjamin Mendy vs. Manchester City for unpaid wages

In August 2021, Benjamin Mendy’s career was disrupted when he was charged with serious criminal offences, leading to his suspension from Manchester City. His wages, reportedly £500,000 per month were subsequently stopped. Mendy ultimately spent five months in custody and faced a long legal ordeal, only to be acquitted of all charges.

He later filed an Employment Tribunal claim against Manchester City for unauthorised deductions from his wages over 22 months. Although the tribunal ruled that he wasn’t entitled to pay for the months he was in custody, it still awarded him most of his £11 million claim, leaving him with £8.5 million owed by the club.

Suspension of Huw Edwards

The suspension of Huw Edwards, the BBC news anchor, amid allegations sparked some comparisons to the Mendy case in how organisations handle pay during suspension under serious allegations. However, the specifics differ in several key aspects, especially regarding criminal proceedings and public scrutiny.

In Huw Edwards’ situation, the BBC initially withheld details until there was sufficient information. Edwards was suspended while facing allegations of misconduct, not criminal charges, which influenced public and internal discussions about his pay and responsibilities. His case, though different in legal weight, reflects similar concerns about reputational damage and financial consequences during investigations.

Employees rights to be paid

The headline might be about Mendy’s multimillion-pound payout, but the implications of this case reach far beyond the football world. At its core, the case revolves around the employees right to be paid, even when their employer may have significant concerns.

Pearson’s Employment Law Solicitor Lucy Croft commented:

“I’ve represented many clients in situations where wages have been withheld, and while the sums are often nowhere near those in Mendy’s case, the stakes are equally high, and the underlying principles remain the same.

“Legally if an employer suspends an employee, they should be suspended on full pay, pending the outcome of the investigation.”

Can an employer withhold wages?

The Mendy case also underscores a unique challenge in employment law: what happens when criminal charges come into play? In Mendy’s case, Manchester City Football Club Limited halted his pay due to the severity of the allegations and the reputational impact on the club. However, for the average worker, the presumption of innocence until proven guilty is critical.

The repercussions of withheld wages can be devastating. Imagine a worker facing a sudden loss of wages, not because they were proven guilty of any offence but simply because charges were filed.

As Lucy Croft notes,

"It can lead to bankruptcy, homelessness, and strained relationships. Even a few weeks without pay can severely affect the financial stability of most households."

“In my experience, the inability to meet basic expenses such as rent, bills, food, and child support can push individuals into debt and create cascading financial and emotional impacts. For workers in this position, the legal path to securing unpaid wages may seem daunting. However, employment tribunals are available to everyone, and with skilled representation, individuals have the opportunity to fight for what they are rightfully owed.”

Unauthorised deductions from wages

The Mendy case should serve as a wake-up call to employers: withholding wages is not a decision to take lightly. Employers need to ensure they follow due process and are transparent with employees when taking drastic measures, like halting pay.

For employees, this case serves as a reminder that they have employee rights and that a solicitor can help guide them through the legal pathways to enforce those rights.

At Pearson Solicitors, we aim to treat each case individually and seek amicable resolutions. However, if an employer is uncooperative, we don’t hesitate to pursue matters in employment tribunals. Although litigation can be complex and stressful, it’s often a necessary step for workers who need to stand up for their rights. For many of our clients, it’s not just about reclaiming lost wages; it’s about affirming their right to fair treatment under the law.

How can we help?

For legal advice on employee rights contact our specialist employment law solicitors on 0161 785 3500 or enquiries@pearsonlegal.co.uk for further information. 

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.