Was the Club were entitled to stop paying Mr Mendy’s wages following the widely publicised
allegations of sexual offences (for which he was ultimately acquitted in the criminal
proceedings) and his subsequent suspension and custody?
In August 2021, Mr Mendy was remanded in custody following allegations of serious sexual
offences and at the end of September, the Club informed him it would stop paying his
wages. His wages were withheld each month until the expiry of his contract at the end of
June 2023, when he transferred to French club FC Lorient. The sums in dispute were
thought to be in the region of £11 million.
Judge Dunlop determined that Mr Mendy was ready, willing and able to work, and the
deductions were unauthorised.
Tim Copplestone, partner and head of the sport sector at Clarke Willmott LLP, is an expert in
employment law. He said: “This case is a powerful reminder of the extensive protection of an
employee’s wages under the Employment Rights Act 1996, and the importance of a clear
contractual term authorising clear deductions in agreed circumstances.
“In the absence of such a provision, and given on the facts of this case the wages were still
considered to be ‘properly payable’ and Mr Mendy was ‘ready, willing, and able’ to work,
there was no scope to turn off the tap on his £500k per month salary payments even though
he was prevented from performing his duties.
“Any authorised deductions should be clearly set out in the contract, and any subsequent
agreement clearly documented.”
An unauthorised deduction from wages claim amount is not capped (although the back pay
period is capped at 2 years), can be pursued whilst the employment continues, and can
allow a Claimant to claw back a series of unlawful deductions.
The Act provides a fundamental right not to suffer unauthorised deduction unless: (a) the
payment is required or authorised by statute or a provision in the worker's contract, or (b) the
worker has given their prior written agreement or consent.
The Tribunal awarded in Mr Mendy’s favour for the first period of custody from 1 September
2021 – 7 January 2022. Mr Mendy was not awarded his wages for the period 1 September
2021 - 7 January 2022 and 30 December 2022 - 17 January 2023 when he was remanded
in custody due to an admitted breach of his bail conditions.
Tim continued: “The Tribunal highlighted the limits within the standard playing contract terms
to impose a fine on a player, or to suspend them from their duties, and in the absence of an
express power to withhold wages in these circumstances it was not deemed appropriate to
imply a term (and for the Club to make deductions) to this effect.”
Clarke Willmott’s employment team have successfully represented players in the Premier
League Tribunal, including in respect of the distribution of a multi-million pound bonus pot,
and are frequently instructed by elite players, managers, and employers to advise on
employment law matters.
To find out more visit Sports Solicitors - Sports Law Firm - Clarke Willmott