Square Global Ltd v Leonard
Square did not repudiate the contract of employment; Mr. Leonard was not constructively dismissed. The post-termination restrictive covenants, specifically the six-month non-compete clause, are reasonable and enforceable. Square is entitled to declaratory and injunctive relief prohibiting Mr. Leonard from competitive employment until 11 November 2020.
- Parties
- Claimant: Square Global Limited; Defendant: Julien Leonard
- Jurisdiction
- England and Wales
- Judgment Date
- 28 April 2020
- Procedural Posture
- Employment Dispute / Judgment After Expedited Trial
- Outcome
- Claimant succeeds; Defendant's counterclaim dismissed.
- Legal Topics
- Constructive Dismissal, Post Termination Restrictive Covenants, Notice Period, Confidential Information, Restrictive Covenants Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Square Global Limited
Claimant
Julien Leonard
Defendant
Procedural Posture
Employment Dispute / Judgment After Expedited Trial
Legal Issues
- 1 Was the Defendant constructively dismissed?
- 2 Did the Claimant repudiate the contract of employment?
- 3 Did the Defendant affirm the contract prior to resignation?
Ratio Decidendi
Square did not repudiate the contract of employment; Mr. Leonard was not constructively dismissed. The post-termination restrictive covenants, specifically the six-month non-compete clause, are reasonable and enforceable. Square is entitled to declaratory and injunctive relief prohibiting Mr. Leonard from competitive employment until 11 November 2020.
Court Disposition
Claimant succeeds; Defendant's counterclaim dismissed.
Orders
- Declaration that Mr. Leonard remains an employee until 11 May 2020.
- Order prohibiting Mr. Leonard from competitive employment or work with a third party until 11 May 2020.
Full Case Text
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