A recent Labour Court judgment illustrates when a restraint of trade may be unreasonable and why employers must carefully consider its scope, the interests requiring protection and any undertakings offered by a departing employee.
A business’s customer connections are a proprietary interest that can be protected by a restraint of trade undertaking.
Recent judgment and the Court’s comments thereon – Judgment 2 May 2023
Restraint of Trade by its very nature is a complex part of our law and it should not be used lightly.