Unfair dismissal - a legal guide for union reps (November 2014)

Chapter 4

Refusing to sign a restrictive covenant

[ch 4: page 48]

Refusing to sign a restrictive covenant (a term which restricts who the employee can work for after they leave) can be a valid reason for dismissal as long as the employer is genuinely attempting to protect the interests of the business. As always, a tribunal must look at all the circumstances including, for example:

• whether the restrictions are reasonable;

• the employee’s reasons for refusal; and

• how many other staff have signed up to them.


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