Although the focus of this feature is the Employment Tribunal, unfortunately an employment tribunal does not have jurisdiction to consider claims concerning restraint of trade [i]. In this article we therefore look the Northern Ireland High Court and the recent decision of Holchem Laboratories Limited v James Henry ICOS No:20/79096 to examine its considerations on the enforceability of post-termination restrictive covenants.  This Judgment was delivered on 3 February 2021 following a rare, contested hearing on this subject.

The Plaintiff in this case, Holchem Laboratories, is a manufacturer of speciality hygiene products for the agri-food sector.  The Defendant, James Henry, had been employed for a second period by Holchem as a Regional Sales Manager responsible for the whole of