The High Court dismissed Tom James’ legal case against his former employee

Wednesday 05 November 2025 12:36 WIB

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The High Court has dismissed a lawsuit to enforce restrictive covenants and confidentiality obligations against former employees of Square Mile giant Tom James.

Tom James is the world’s largest manufacturer and retailer of tailored clothing, and in the City, where some suits are priced at around £2,500, the shop is designed for the working professional.

The Tom James Company, a giant US entity in the UK, located in Old Jewry, is seeking legal action against former sales professional, Max Potter, who went on trial last month.

The company attempted to enforce the restrictive covenants, specifically the non-compete clause, in Potter’s employment contract after he resigned, as he was suspected of intending to work for a competitor.

One of the charges against him includes allegations that he asked or attempted to persuade a limited client, Sidley Austin partner Patrick Kwak, to stay away from Tom James.

Last month, in a statement, Potter told the court: “I have always described the case against me, even through my lawyer at the time, as ‘bullying’ and that is my firm view.”

His lawyer, John Hayes, Managing Partner of Constantine Law, stated that “this case highlights the conflict between the culture of large US companies and the working patterns and legal framework of individuals in the UK.”

Court refusal

On Tuesday, Judge Ritchie issued a ruling dismissing all of the claims.

The court held that Potter had not violated the terms of his employment contract, and as a result, the restrictive covenants in the contract were deemed unenforceable.

Commenting on the decision, Hayes said: “This is a case of a major American company failing to implement a 12-month global non-competition policy to prevent workers in London selling their shares on trade.”

Potter added, “What I want is the opportunity to continue the trade that is my goal and passion.”

“If Tom James is successful, this would set a dangerous precedent in which large American companies could control their British subsidiaries and their employees in the UK after they leave.”