The starting point is that any restrictive covenant clause is unenforceable. The onus is on the employer to prove that it is reasonable. Based on the evidence provided by your employer, the Employment Tribunal will look at factors such as:
the breadth of activities restricted by the covenant;
the geographical area covered;
the amount of time the restrictive covenant will be in place for;
the importance of the information or interests sought to be protected;
was the restrictive covenant a justifiable way of protecting the employer’s legitimate interests.
If you have been asked to sign a contract that contains a restrictive covenant clause, it is imperative that you seek professional legal advice before signing. If you leave your employer in the future and breach the restrictive covenant agreement between you and your employer, and the Court deems it enforceable, you will be in breach of your Employment Contract and your employer can serve an injunction on you to prevent future business activities and/or claim damages from you.