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
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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
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