Non compete / Employment Contract

barman linen

Hi,

A quick question on a scenario where an employment contract forbids future employ with a competitor for a period of six months from termination ( either voluntary or mutual ) - if the new employer is not in the state can the clause be enforced ?

The contract is with an Irish company under Irish law and if the future employment is in the UK could the employer enforce this 6 month delay ? If so what other implications could arise...? no income, lack of livliehood etc ?

Bepolite

Google restraint of trade clauses. No one can give you hard and fast advice but these are not looked up favourably by the Irish courts.

It basically depends on whether it would cause you significant inconvenience in earning a living.

CIARAN_BOYLE

Restraint of trade is a mess.

All I can say is possibly.

barman linen

I know it is a bit of a mess but wonder about one thing....can any Irish Court action stop you taking up an employment in the UK - becoming UK tax resident etc ?

234

barman linen wrote: »

I know it is a bit of a mess but wonder about one thing....can any Irish Court action stop you taking up an employment in the UK - becoming UK tax resident etc ?

If the non-compete clause was found to be valid in its scope then it would be possible for an Irish court to make an order which could be enforced in the UK in the usual manner.

Victor

Is the English employer actually a competitor of the Irish employer?

Bepolite

OP legal advice can't be sought here but giving a bit more information might help with a more direct answer. If you're a bar person/manager (hypothetically) I find it very had to believe a court would uphold a restraint of trade clause. I was a retail manager and my employment contract had a similar provision. I made no secret of the fact I was leaving for a direct competitor.

barman linen

Victor wrote: »

Is the English employer actually a competitor of the Irish employer?

Yes.. both companies trade globally