Can a restrictive covenant be terminated?

Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).

Is the restrictive covenant enforceable if you are made redundant?

The restrictive covenant is enforceable as long as it is reasonable (which 6 months is) and protects a legitimate business interest. Whether or not you are made redundant is irrelevant. It is non-enforceable it isn’t any of the above and/or if the employer breaches the contract (e.g. by not paying notice pay).

What is a restrictive covenant in a contract?

Restrictive covenants are clauses which can be inserted into a contract of employment which seek to prevent employees from taking certain clients with them to a competing business, or from working for a competitor after their employment ends.

Can you confirm if I am made redundant, will my restrictive?

I have a restrictive covenant in my employment contract of 6 months. I have just been made redundant. does my restrictive covenant hold in … read more Ben I wonder if you could advise me on something. My current Hi Ben I wonder if you could advise me on something.

Is there any way to get restrictive covenants removed?

If they can be enforced, is there any way of getting them removed? A: As a rule of thumb a restrictive covenant will only be enforceable if it specifically protects the employer’s legitimate business interests, and only applies for a reasonable time period.

Can a restrictive covenant be enforced by a tribunal?

This means that a tribunal, when assessing, does not have to consider the reason for you exiting the business, whether that is resignation, dismissal or redundancy. Therefore, a restrictive covenant may still be enforceable if you have been dismissed or been made redundant.