Unreasonable Restrictive Covenant Declared Unenforceable

Posted in : Quarterly Reviews on 22 August 2016
Michael Black
Cleaver Fulton Rankin

A restrictive covenant is a clause in an employment contract which is designed to prevent the solicitation of customers, clients, suppliers, other employees, or general competition for a defined period after the employee ceases his or her employment.

The purpose of it is to protect the employer's confidential information, customer connections, its goodwill and the stability of its workforce. However, it is important to note that such covenants are not always appropriate or even enforceable. This article will examine a recent case in which the restricted covenant was declared unenforceable.


Facts of the Case

Mr Thornton (the “Respondent”) worked for Bartholomews Agri Food Limited (the “Applicant”) as an agronomist. The Respondent started his employment in 1997 as a trainee and over the next 18 years, despite taking a de facto more senior

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This article is correct at 22/08/2016
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.

Michael Black
Cleaver Fulton Rankin

The main content of this article was provided by Michael Black. Contact telephone number is 028 9024 3141 or email m.black@cfrlaw.co.uk

View all articles by Michael Black