How enforceable are non-compete clauses in an employment contract?Posted in : First Tuesday Q&A NI on 7 January 2014
A non-compete clause in an employment contract is one of the most common types of restrictive covenant. The difficulty with non-compete clauses, from an employer's point of view, is that as with any part of a contract of employment, employees have a number of statutory rights, regardless of what the contract says.
In such circumstances, if an employer wants to enforce a non-compete clause, they need to be able to convincingly prove in court that a non-compete clause is absolutely necessary to protect a 'legitimate business interest'. Simply proving that the employer will suffer from more
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Back to Q&A's This article is correct at 02/09/2015
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