Former Manchester City footballer Benjamin Mendy thought he could “ignore all the rules” but his own behaviour led to him losing his £500,000 a month wages, a tribunal heard.
Mr Mendy, 30, is claiming at an Employment Tribunal he is owed £11.5 million in unpaid salary the club withheld from him after he was charged with sex offences. The French international and World Cup winner was later cleared of all charges after two trials.
But Sean Jones KC, representing Man City, told the tribunal Mr Mendy only had himself to blame for not being paid because of his own behaviour of womanising, partying, often during lockdown, along with breaking bail conditions leading to his arrest and stay in jail.
Mr Jones said Mr Mendy was arguing his contract of employment created a “moral hazard” for his employers.
He 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.”
Mr Jones said in September 2020, the then-government imposed the “Rule of Six” Covid restrictions, but on October 6, Mr Mendy held a party at his home, The Spinney, in Mottram St Andrew, Cheshire, and police were called.
He said anyone else would think they had been lucky and had a “narrow escape” – but Mr Mendy held another party the next day, where a rape allegation was made against him.
Mr 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.”
Mr Jones said by January 2021 Mr Mendy was facing two serious sexual allegations, he was on bail and the UK was in national lockdown.
He said the club had told him “no parties”, his bail conditions meant no parties, Covid rules meant no parties, and his agent told him: “No more parties.”
Instead, he 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,” Mr Jones added.
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.
Mr Jones said once Mr Mendy had been remanded into custody he was unable to train or play for Man City – his “core duties” as an employee of the club.
But also after he was later released on bail, his bail conditions, with curfew hours, prevented him training or playing for his club.
Nick De Marco KC, representing Mr 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.”
Mr Mendy was found not guilty of six counts of rape and one count of sexual assault in January 2023, but the same jury could not reach a verdict on another count of rape and one count of attempted rape.
It saw a retrial and Mr Mendy was found not guilty of one charge of rape and one charge of attempted rape.
Tribunal Judge Joanne Dunlop said she expected to give a ruling on Mr Mendy’s claim in around four weeks.
