We are proposing to engage a consultant but are unsure as to whether we can include post-termination restrictions as part of the contract. Please confirm whether it is possible to do so?
Posted in : First Tuesday Q&A NI on 5 December 2017
Chris Fullerton
Arthur Cox
A consultant can generally be asked to enter into post-termination restrictions. In terms of enforceability, where a consultant and client will be on a more even footing than an employer and employee, the courts are less likely to consider such clauses as an unlawful restraint of trade. The way that such restrictions involving consultants are interpreted is likely to be somewhere between the way that such covenants are interpreted in an employment relationship on the one hand, and in a sale and purchase agreement on the other. If a service company is used, the restrictions will only bind the service company unless either the consultant is also a party to the agreement or enters into the
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
How Do We Make A Claim Under The JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
If We Have Recently Employed New Staff on Zero Hour’s Contracts, Do We Have to Put Them on the JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
Do We Have to Obtain Employee Agreement to Place Them on The JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
Do Employees Have To Have Been Furloughed Previously To Be Put On The Job Support Scheme?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
If we reduce an employee’s hours, what happens to their accrued holiday?
Posted in: First Tuesday Q&A NI on 04 August 2020
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton