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Hi thank you for your message, in terms of restrictive covenants, in very general terms, courts do not like enforcing such clauses as they discourage competition between businesses. If your employer is looking to enforce your restrictive covenants, they will need to show that they are necessary to protect a legitimate business interest and that the clause itself is reasonable.
The term ‘reasonableness’ will depend on many factors but is mainly assessed in three ways:
the duration of the clause or how long it will affect the employee’s activities.the limiting geographical area.the specific duties/activities which are to be restricted.The reasonableness of the clauses will be assessed at the time you entered employment and triggered the clause. 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 in this case redundancy. Therefore, a restrictive covenant may still be enforceable if you have been dismissed or been made redundant. . I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.