It’s a well-established principle that in order for a contractual term restricting an employee’s activities post-termination of employment to be enforceable, the employer must show that it has a legitimate business interest to protect and that the protection sought is reasonable. In the recent case of Bartholomews Agri Foods Limited v Thornton the High Court reinforced this point; in addition it confirmed that the reasonableness of a covenant is judged at the time it is entered into and the obligation of an employer, to continue to pay an employee during the duration of a covenant, will not make it enforceable.
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