Restrictive Covenants – Reasonableness and Enforceability

Posted in : Tribunal Guidance from Kennedys on 18 March 2021
Kevin Gallagher
Kennedys Belfast
Issues covered: Restrictive Covenants; Restraint of Trade; Breach of Contract; Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994

Although the focus of this feature is the Employment Tribunal, unfortunately an employment tribunal does not have jurisdiction to consider claims concerning restraint of trade [i]. In this article we therefore look the Northern Ireland High Court and the recent decision of Holchem Laboratories Limited v James Henry ICOS No:20/79096 to examine its considerations on the enforceability of post-termination restrictive covenants.  This Judgment was delivered on 3 February 2021 following a rare, contested hearing on this subject.

The Plaintiff in this case, Holchem Laboratories, is a manufacturer of speciality hygiene products for the agri-food sector.  The Defendant, James Henry,

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This article is correct at 18/03/2021
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.

Kevin Gallagher
Kennedys Belfast

The main content of this article was provided by Kevin Gallagher. Contact telephone number is +44 28 9026 1470 or email Kevin.Gallagher@kennedyslaw.com

View all articles by Kevin Gallagher