The general position in Ireland is that restrictive covenants
are void and unenforceable as restraints of trade. However, the
Irish courts will permit limited exceptions to that general
position, but only in circumstances where the employer can
demonstrate that (1) it has a legitimate business interest to
protect; and (2) the relevant restriction goes no further than is
reasonably necessary to protect that interest.
In order to ensure the greatest chance of enforceability,
restrictive covenants should be drafted as narrowly as possible.
For example, in deciding whether to enforce a restriction, the
Irish courts will examine how each of the below have been drafted
and whether they go beyond what is necessary to protect the
employer's legitimate business interest:
