Unreasonable Restrictive Covenant Declared Unenforceable

Posted in : Immigration and Employment Updates on 22 August 2016
Michael Black
Cleaver Fulton Rankin
Issues covered:

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 role, remained on the same contract throughout. This contract contained a restrictive covenant whereby

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This article is correct at 22/08/2016

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