77% of people in Northern Ireland think it’s important to talk about mental health – and lots of us want to learn more

77% of people in Northern Ireland think it’s important to talk about mental health – and lots of us want to learn more

According to newly released survey results, over three-quarters of people in Northern Ireland think it is important to talk about mental health.

And while fear of stigma and discrimination around mental ill health remains an issue for 27% of those surveyed, four in 10 suggested that they want to develop a better understanding of these issues. A further 37% are keen to pick up tips and advice on how to start talking about mental health.

The poll was conducted as part of Time to Talk Day, which takes place today, Thursday 2 February. Time to Talk Day is the UK’s biggest conversation about mental health and the aim is to spark millions of crucial discussions.

To mark the day and showcase the importance of talking about this subject, a range of events are set to begin in schools, workplaces and communities across Northern Ireland.

Kerry Anthony MBE, Group CEO of Inspire, said:

“At Inspire, we hear about mental health every day of the year. However, Time to Talk Day gives everyone in Northern Ireland the opportunity think about the importance of dialogue and connection.

“This research is encouraging. It shows us that people see the value in discussing mental health. We know that that stigma and discrimination can stop people asking for support so we are very pleased to see that many of those surveyed want to develop their understanding and find new ways to start talking to friends and family. These conversations aren’t always easy but even the simplest of chats has the power to change lives.

“For anyone interested in learning more about mental health services, or how best to find support, Inspire’s Advocacy for All service is available, free of charge, to everyone in Northern Ireland. It provides information and advice, empowering people to seek the right support at the right time. You can get in touch with our advocacy team on 0808 189 0036.”

For information about Time to Talk Day, visit: https://www.changeyourmindni.org/our-campaigns/time-to-talk-day.

Follow Time to Talk Day on social media: #TimeToTalk

Disasters Emergency Committee launches major report on its Ukraine response as Northern Ireland public raises over £6.1 million

The Disasters Emergency Committee (DEC) has today launched a major report on its response to the humanitarian crisis in Ukraine over the first year of the conflict, following over £400m in donations, including over £6.1 million from the people of Northern Ireland.

The DEC appeal, which launched in the initial days of the conflict, has provided vital aid to millions of people in need. Through the support of generous donors in the UK, it has become the biggest charity donor to the response inside Ukraine and for the regional refugee response, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA) Financial Tracking Service.

The announcement comes as the organisation, which brings together 15 leading aid charities including Save the Children, the British Red Cross, Concern and Tearfund in Northern Ireland, publishes a report on how the donations have enabled its member charities to distribute the vital aid, both inside Ukraine and in neighbouring countries.

Based on programmatic data, detailed interviews with aid workers and testimonies gathered from people affected, it provides powerful insight on the humanitarian response.

DEC charities have used funds to work directly while also supporting a range of local organisations across five countries, reaching vulnerable and marginalised groups such as women and children, older people, those with disabilities, ethnic minorities and the LGBTQ+ community.

Examples of aid delivered by DEC charities and their local partners included in the report are:

·        Projects to provide food to people in war-torn areas, including a team of volunteer cycle couriers delivering food and medicines to vulnerable people in their homes.

·        Working with Ukraine’s Ministry of Health to deliver 75,000 life-saving trauma kits for civilian use and 34 incubators for premature babies.

·        Providing generators for people in bomb shelters to keep them safe and warm over winter as the targeting of Ukraine’s power grid leaves them without electricity and heating.

·        Programmes giving refugees and displaced people cash payments so that they can decide how best to meet their own needs.

·        Supporting special schools in Poland for refugee children with Ukrainian teachers, as well as 20 ‘digital learning centres’ for children and parents.

·        Providing mental health support to people recover from their experiences of the conflict.

 

In the first six months of the response alone, DEC charities reached millions of people with aid, including but not limited to:

·        1.9 million people provided with access to clean water.

·        392,000 people who received food assistance, including hot meals and food parcels.

·        338,000 people who received cash payments to meet their basic needs (making up 47% of expenditure).

·        127,000 people who accessed basic services at transit centres for the displaced.

·        71,000 people who accessed primary healthcare services.

·        114,000 people who received legal help and support.

·        10,000 people who were provided with temporary accommodation.

 

The majority of DEC funds spent in the first six months were used inside Ukraine itself (59%), with the rest being spent on the refugee response in Romania (17%), Poland (16%), Moldova (4%) and Hungary (2%) and on region-wide safeguarding and capacity building initiatives (2%).

The Ukraine Humanitarian appeal is the 75th DEC appeal in its 60-year history.

 

Ros O’Sullivan, Head of Emergency Operations at Concern Worldwide (UK) said:

“The £6.1 million raised here is a fantastic figure that is a testament to the generosity of the people of Northern Ireland. People saw the immediate devastation that was taking place in Ukraine and gave whatever they could to help those who were forced to flee their homes. This money will go a long way in supporting the DEC appeal which is making a significant impact. Every donation helps the DEC charities meet people’s essential needs, continue education, and deliver vital medical resources, and we can’t thank all those who have donated enough.”

 

DEC Chief Executive Saleh Saeed said: 

“This report gives a comprehensive picture of how donations from the UK public have played a vital role in supporting people affected by the conflict in Ukraine. Throughout each phase of the crisis, and each new challenge that’s arisen, DEC charities and their local partners have been there to help people get through this - and that wouldn’t have been possible without the support of the UK public, businesses, governments and other organisations that have made this appeal such a success.

“The crisis has been so huge, so widespread and so devastating that we wanted to take the time to detail how donations have helped different people at every stage of the year. What’s more, the level of funds raised mean that we can keep providing that support, as we know that this crisis is far from over with needs developing and changing all the time as the situation unfolds. I’d like to thank each and every person who has donated, fundraised, got their company or organisation involved. The response has been truly remarkable and we are so grateful for the support.”

Brown O’Connor Communications Weekly Look Ahead – Ireland Wednesday 1 February 2023

Forward Look                                

  • Tomorrow, both houses of the Oireachtas will be addressed by Roberta Metsola, President of the European Parliament.

  • Ibec have published a new report warning the housing crisis is becoming a critical barrier to the continued growth and development of business investment. It has also called for property taxes to be used to cut housing developer fees, saying it has the potential to reduce the cost of a typical €400,000 new home by €30,000.

  • Fórsa has backed indefinite strike action for health and care staff in the community and voluntary sector.

  • The Cabinet Committee for Economy will meet in two weeks’ time to consider what cost of living supports will not be extended beyond February.

  • Leader of the Green Party Eamon Ryan TD has confirmed his party would be open to going into Government with Sinn Féin after the next election.

  • Children’s Minister Roderic O’Gorman TD will bring a proposal of subsidies for childcare to Cabinet this week.

  • Housing Minister Darragh O’Brien TD will introduce fines for planning bodies that miss deadlines on fast-track housing projects.

  • Fianna Fáil TDs and senators are calling on Tánaiste and party leader Micheál Martin to appoint a deputy leader to boost the party’s flagging election chances.

  • Fine Gael Deputy Chief Whip Brendan Griffin TD has confirmed that he will not be contesting the next general election.

  • Governor of the CBI Gabriel Makhlouf informed the Oireachtas Finance Committee that ECB rates are likely to increase steadily in the coming months and there is a degree of uncertainty over policy decisions beyond that.

  • Further tech job cuts have been confirmed at Workday, PayPal, HubSpot, IBM and SAP. The firms employ more than 10,000 people in Ireland between them.

  • Dr John McCartney, director of research at BNP Paribas Real Estate has office vacancy in Dublin will peak at 15% this year.

  • Pfizer has warned the government that the drug budget for 2023 is too low and could lead to delays in accessing new medicines for patients in Ireland.

  • Today, the Garda Siochana (Recording Devices) Bill 2022 reaches the second stage of consideration in the Dáil .

  • The Oil Emergency and Contingency and Transfer of Renewable Transport Fuels Functions Bill, the Central Bank (Individual Accountability Framework) Bill and the Mother and Baby Institutions Payments Scheme Bill all reach the final stage of consideration in the Dáil.

  • Tomorrow, the Joint Committee on Enterprise, Trade and Employment will scrutinise the Companies (Protection of Employees’ Rights in Liquidations) Bill.

 

Other Stories this week

  • Tourism Minister Catherine Martin TD says she will push the Government to retain the lower hospitality industry VAT rate.

  • The latest flash estimate from CSO shows that the economy grew by 12% last year. Goods handled by Irish ports are up by 4% in the third quarter of 2022.

  • A report published by the ESRI comparing early childhood education and care in the Republic of Ireland and Northern Ireland have shown mothers in the Republic work longer hours while families in Northern Ireland rely on family for childcare.

  • Transparency International has reported that Ireland is perceived as one of the least corrupt countries in the world.

  • Start-up activity hit a six-year low in 2022, with the lowest number of start-ups registered since 2016.

 

Upcoming key political and business events

 

  • 2 February, The Irish Times Business Awards, Round Room, Mansion House.

  • 2 February, CIPD Ireland Employment Law Seminar, Aviva Stadium.

  • 7 February, General Council Summit, The Marker Hotel, Dublin.

  • 9 February, The National Health Summit, Croke Park, Dublin.

  • 9 February, Northwest in the City Networking Event, The Westbury, Dublin.

 

Consultations

DUP Reshuffles Assembly Frontbench Team

DUP leader Sir Jeffrey Donaldson MP has announced a reshuffle of the party’s frontbench Assembly team. The announcement comes as the Assembly and Executive sit in cold storage over the party’s refusal to restore power-sharing until the Northern Ireland Protocol is dealt with.

The Lagan Valley MP said the changes to the party’s frontbench are about their continued work and engagement “across a wide range of policy areas to ensure that voices are heard, and concerns are addressed.”

The appointments are as follows:

Northern Ireland hymn-writing duo Keith & Kristyn Getty gear up for first GRAMMY Awards

Album cover of Keith and Kristyn Getty’s latest album, Christ Our Hope and Life and Death.

Northern Irish Christian hymn-writers Keith and Kristyn Getty will have their GRAMMY Awards debut on Sunday 5 February.

The Gettys will travel to the Crypto.com Arena in Los Angeles for the 65th GRAMMY Awards 2023, having been nominated for their album Confessio – Irish American Roots.

A landmark moment in the pair’s career, which has seen them rise to fame as the world’s most successful hymn writing duo, the local couple are nominated alongside world-renowned artists such as Willie Nelson, the Gaither Vocal Band and Karen Peck & New River.

They are nominated in the Best Roots Gospel Album Category which is for albums that feature more than 50% playing time of newly recorded, vocal, traditional gospel music, including country, Southern gospel, bluegrass, and Americana recordings.

Described by the couple as their “love letter to Northern Ireland”, Confessio showcases 15 modern and timeless hymns including renditions of Be Thou My Vision, Amazing Grace and It Is Well With My Soul, as well as their own In Christ Alone and Immigrant’s Song.

Recorded on the North Coast as the Getty’s spent time at home during the pandemic, Confessio traces their journey back to Northern Ireland to explore the connection between the island’s enduring faith music heritage and its legacy in America, from St Patrick and Be Thou My Vision to their own work and Kristyn’s duet version of In Christ Alone with Alison Krauss.

It highlights traditional Irish melodies and instrumentation and features performances from an array of guests including multiple GRAMMY-award winning artists Alison Krauss, Ricky Skaggs and Kirk Whalum, as well as their daughters making an appearance.

The couple’s GRAMMY nomination comes ahead of the Sing! World Tour which will kickstart at Belfast’s SSE Arena before shows in the Star Theatre, Singapore and the Sydney Opera House, Australia.

Speaking ahead of the 65th GRAMMY Awards, Keith Getty OBE said:

“We are honoured to be nominated for our first Grammy Award, especially for an album that is dedicated to our home, the place that gave the origins and meaning to why we write hymns. We made this album during the pandemic when we were home with our daughters in Northern Ireland. It started one day as I was at Ballycastle harbour looking out to sea, reflecting on our heritage and the gift it is to be from here”.

“Kristyn and I had a lot of fun creating this album. We recorded Amazing Grace in “Harry’s Shack” on Portstewart Strand, which they kindly opened for us during the pandemic to make the recording, and our own version of “It Is Well With My Soul” was recorded at Downhill Beach and Mussenden Temple. Some of the tracks were even simply recorded in the outdoor ‘Cove’ in our home outside of Bushmills”.

“We were not expecting a Grammy nomination for a project which in many ways is a love letter to our home, and we are so grateful to have contributions from the likes of Ricky Skaggs, Alison Krauss, and Kirk Whalum as well as many of our own team. Our desire for this album was to shine light on the hope of the Gospel, the Christian heritage of the West, the importance of hymn singing, and ultimately the beauty of Christ”.

“The Grammys are a once in a lifetime opportunity, so whatever the outcome on Sunday, we are proud to be able to put Northern Ireland on the map in the presence of so many legendary artists and musicians”.

Allstate NI’s Stephen Lomas appointed chair of Contact Centre Network Northern Ireland

Allstate NI Senior Manager and Chair of Contact Centre Network Northern Ireland Stephen Lomas

Allstate NI’s Stephen Lomas has been appointed chair of the Contact Centre Network Northern Ireland (CCNNI).

Stephen, who leads Allstate NI’s global service desk, takes over as chair of the industry body from Danske Bank’s Joanne Wilson, who has led the organisation since 2021.

Established in 2018, CCNNI is a non-profit membership organisation supporting the contact centre and customer service industry, which employs over 15,000 people across Northern Ireland.

Stephen is a senior manager at the Allstate Technology Support Centre, which provides technical support to 54,700 Allstate employees around the world. He brings over 18 years of industry experience to the role, having joined Allstate NI when the technical support desk first opened in 2004.

As chair of the CCNNI Advisory Board, Stephen hopes to promote the industry as an employer of choice and develop initiatives to share best practices, working with the organisation’s 45-plus members, including BT, Firstsource Solutions, Santander, Concentrix, Danske Bank, BNP Paribas Personal Finance and Power NI.

The appointment follow’s Stephen’s recognition as Contact Centre Manager of the Year at the UK National Contact Centre Awards 2021 and Contact Centre Manager of the Year at the Contact Centre Network NI Awards 2020.

Allstate NI Senior Manager and CCNNI Chair Stephen Lomas said:

“I am thrilled to begin my term as chair of the CCNNI Advisory Board after many years engaging with colleagues in the industry via the organisation. Working in the sector, I have had the opportunity to build and progress my career within a large organisation and have watched the industry expand in line with Northern Ireland’s growing reputation as an active technology hub. The CCNNI is an important vehicle for collaborating with others and sharing new initiatives, and I look forward to working with the rest of the Board as we support the industry’s continued expansion across the evolving landscape of contact centres as multi-channel centralised services.”

CCNNI Managing Director Jayne Davies added:

“We are delighted to welcome Stephen as chair and look forward to implementing his ideas and initiatives. He will be a strong asset to the organisation as we work together to promote the contact centre industry.”

Baker Tilly Mooney Moore appoints new Tax Director to growing Tax Advisory team

Neil Armstrong joins as Tax Director, while Tax Trainee Jessica Harris joins from Australia

Baker Tilly Mooney Moore’s newly appointed Tax Trainee Jessica Harris (left) and Tax Director Neil Armstrong (right) pictured with Head of Tax Angela Keery (middle).

Accountancy and advisory firm Baker Tilly Mooney Moore has welcomed two new tax professionals to its growing team.

With over 25 years’ tax advisory experience in Northern Ireland, Neil Armstrong joins the practice as Tax Director.

Prior to the move, Neil spent six years at a mid-tier practice and ten working at a Big 4 firm, advising high net worth individuals on all areas of taxation.

Neil’s main areas of focus are personal tax, capital gains tax, inheritance tax, succession planning and business structures. He also specialises in maximising tax efficiencies and cashflow.

The Belfast firm, which works across Audit & Assurance, Business Services, Consulting, Taxation and Restructuring & Insolvency has also welcomed Jessica Harris as a Tax Trainee.

Having recently moved to Northern Ireland from Brisbane, Australia, Jessica spent two years working for the Australian Taxation Office and holds a First Class Honours degree in Environmental Economics.

Jessica’s experience includes time spent working with the Top 500, an advisory service for Australia’s top 500 wealthiest individuals, ensuring robust tax governance was in place. She also spent time in the Australian Taxation Office call centre, assisting members of the public to complete their end of year tax returns.

Head of Tax at Baker Tilly Mooney Moore Angela Keery welcomed the pair to the practice:

“It has been a pleasure to begin 2023 with both Neil and Jessica as part of the team. Both bring a wealth of unique experience that will be invaluable to our clients going forward. Joining us from a mid-tier practice, Neil is well placed to advise and support our valued personal and corporate clients on everything from their personal tax planning to their business structure. With a strong academic record and expertise on the tax obligations from the Revenue’s perspective, I know Jessica will be a real asset to the team and wish her well for her time with us at Baker Tilly Mooney Moore.”

Tax Director at Baker Tilly Mooney Moore Neil Armstrong said:

“I am thrilled to join the team at Baker Tilly Mooney Moore. Already it is clear this is a busy practice with clients across all sectors requiring detailed, often bespoke advice on their tax obligations and options. Faced with a recession and increasingly uncertain business landscape, the need for sound professional advice is clear. I have spent many years working closely with individuals and businesses in Northern Ireland on their tax and look forward to continuing this with the support of the Baker Tilly Mooney Moore team.”

Tax Trainee at Baker Tilly Mooney Moore Jessica Harris added:

 “It is wonderful to begin my time in Northern Ireland getting started in my role at Baker Tilly Mooney Moore. They are a friendly and welcoming team who have made sure I felt settled whilst introducing me to clients and contacts here in Belfast. I know I will learn so much during my time here and have already had the opportunity to apply my experience from the Australian Taxation Office.”

Brown O’Connor Communications Weekly Look Ahead – Ireland Wednesday 25 January 2023

  • The Irish Independent has reported from a senior source in Fine Gael that Taoiseach Leo Varadkar TD will hold the next general election in Autumn 2024.

  • Support for Fine Gael has dropped by four percentage points according to the latest Sunday Times/Behaviour and Attitudes Opinion Poll.

  • Agriculture Minister Charlie McConalogue TD stated no land will be sold to UK-based investment fund Gresham House and that the firm’s role will be solely to manage development of forests.

  • Health Minister Stephen Donnelly TD sought permission from the Cabinet yesterday to draft legislation to abolish inpatient charges for those who are hospitalised.

  • Chief Economist at Goodbody Stockbrokers, Dermot O’Leary, has said growth in Ireland is set to outperform the rest of the Eurozone due to high household saving levels and Government surplus.

  • €50m of funds for local communities who have “stepped up to the plate” in supporting Ukrainian refugees was announced by Rural and Community Minister Heather Humphreys TD and State Minister Joe O’Brien TD yesterday.

  • Daniel McConnell has been appointed editor of the Business Post, leaving his post as political editor of The Examiner.

  • Ulster Bank will crease transactions for customers in the Republic of Ireland on 31 March.

  • The Irish Farmers Association president Tim Cullan said at the organisation’s AGM that Government climate policy must support the agricultural sector to reduce emissions.

  • A €25bn plan for new Luas lines in the greater Dublin area has been published by the National Transport Authority.

  • Council workers are threatening to withdraw their labour from the planned transformation of the country’s water services citing concerns of pay, and terms and conditions of those who do not move to Uisce Éireann.

  • Today, The Communications Regulation Bill will reach its final stages in the Dáil.

 

Other Stories this week

  • Public Expenditure Minister Paschal Donohoe has admitted to a breach in electoral rules by receives a corporate donation that exceeded the legal limits.

  • Developers will be paid more than €1.4m by An Bord Pleanála as a result of significant delays in processing strategic housing development applications.

  • Former Taoiseach Bertie Ahern gave evidence to the NI Affairs committee on Monday as part of an on-going inquiry into the effectiveness of the Good Friday Agreement. Ahern was the first former or serving Taoiseach to present evidence to the committee.

  • Taoiseach Leo Varadkar TD and UK Prime Minister Rishi Sunak had their first call on Monday to discuss the on-going EU-UK negotiations.

  • Job vacancies fell on an annual and quarterly basis in 2022 but still remain higher than pre-Covid levels.

  • Venture capital investment in Irish business fell by 38% last year.

 

Upcoming key political and business events

  • 25 January, BioPharma and Lifesciences Connected, Radisson Blu Hotel, Cork.

  • 2 February, The Irish Times Business Awards, Round Room, Mansion House.

  • 2 February, CIPD Ireland Employment Law Seminar, Aviva Stadium.

  • 7 February, General Council Summit, The Marker Hotel, Dublin.

  • 9 February, The National Health Summit, Croke Park, Dublin.

  • 9 February, Northwest in the City Networking Event, The Westbury, Dublin.

Consultations

Local short film An Irish Goodbye nominated for an Oscar

Hollywood actors Allison Williams and Riz Ahmed announced yesterday the 95th Annual Academy Awards via a global live stream. Northern Ireland Screen was delighted to see An Irish Goodbye, written and directed by Tom Berkeley & Ross White nominated for an Oscar in the Live Action Short Film category. 

The Oscar nomination came hot on the heels of the film’s BAFTA nomination for Best British Short Film.  

Filmed entirely in Northern Ireland, An Irish Goodbye, is a black comedy about the reunion of estranged brothers Turlough and Lorcan following the untimely death of their mother. Under the watchful eye of odd-ball parish priest Father O’Shea, the brothers’ pained reunion is worsened by the fact Turlough must now make new care arrangements for Lorcan, who has Down Syndrome. A robust and dedicated farmer, Lorcan’s dream of continuing to work the land he grew up on is thwarted when Turlough decides he’s sending him to live with their aunt on the other side of Ireland. But when the brothers discover an unfulfilled bucket list belonging to their late mother, Lorcan senses an opportunity: he’ll only agree to leave the farm once he and Turlough have themselves completed every single wish on their mother’s list…all one hundred of them. 

The film stars Seamus O’Hara (The Northman, Game of Thrones), James Martin (Marcella, Ups and Downs), Paddy Jenkins (Hunger) and Michelle Fairley (Game of Thrones, Fortitude). 

The Oscars ceremony will be held on Sunday, March 12 at the Dolby® Theatre at Ovation Hollywood and will be televised live on ABC and in more than 200 territories worldwide. 

Ross White, Co-Writer and Director of An Irish Goodbye

Writers and Directors Tom Berkeley and Ross White commented: 

“Having grown up watching the Oscars every year from afar, we are completely honoured and overwhelmed by the nomination. The Academy Awards represent the very pinnacle of international filmmaking, and we are simply blown away to be a small part of this year’s celebration. All our thanks goes to our generous, passionate and talented cast and crew; a wee film shot in Templepatrick has somehow made its way to Hollywood - this a dream come true. I mean, Steven Spielberg is going to be there, lads. Steven Spielberg.” 

Richard Williams, Chief Executive of Northern Ireland Screen commented:

“The Academy Awards is the gold-standard awards ceremony for the art of cinema and we are truly delighted for Ross, Tom and the entire team behind An Irish Goodbye who have secured a prestigious Oscars nomination. We are so proud of the team who continue to rack up acclaim from audiences and critics alike. Northern Ireland Screen is very pleased to have supported An Irish Goodbye and wish them every success for awards season.” 

'How restrictive covenants can protect your business in the war for talent' by Matthew Howse, Partner – Dispute Resolution and Litigation, Eversheds Sutherland

As originally appeared in the Irish News, 24 January 2023

Matthew Howse, Partner – Dispute Resolution and Litigation, Eversheds Sutherland

A new year brings the opportunity to take stock and make plans for the year ahead.  For a person looking at the next 12 months, a new job might be part of those considerations.

Over the last number of years, the labour market has grown much more competitive for employers, thanks in large part to the pandemic and wider changing trends in the world of work. While focus has often been on what employers can do to attract talent and make their organisation stand out in a crowded market, serious consideration should also be given to how you can protect your business and its operations when employees move elsewhere.

In today’s war on talent, restrictive covenants can be a vital tool in protecting your business’s information, technology, and even client and customer base. For competitors, poaching an employee with a wealth of insight, experience, and knowledge can be one of the best investments they make. By putting in place strong and enforceable restrictive covenants, employers can protect their organisations and ensure they remain competitive in their sector. 

Restrictive covenants can take a number of different forms, such as non-compete, non-solicitation, non-dealing, and non-poaching.  The aim of a restrictive covenant is to protect your legitimate business interests and therefore should be drafted with care and consideration to ensure they are proportionate and effective.  It is important that companies do not impose, for example, a six-month restrictive period when two months would have sufficed, as they risk a court striking down the restrictive clause in its entirety as unreasonable. 

Restrictive covenants can give your organisation the breathing space to find new talent and ensure that the departing employee does not give their new employer an unfair competitive edge. However, there are a number of key factors to keep in mind when using these clauses. In order to ensure restrictive covenants are enforceable, there must be a clear legitimate interest which the business is seeking to protect.  Organisations should actively consider why they are using restrictive covenants – does the employee work in sales and there is a risk of them moving to a direct competitor?  Will the employee have access to sensitive business information which could cause damage to the business if shared with competitors? 

Companies must be able to articulate what it is they are trying to protect and why.  If they are not able to do this, then they will not be able to enforce the covenants against the departing employee, leaving your interests potentially at risk.

Once you have established there is a legitimate interest to protect, the steps you take to protect that interest must only go as far as is reasonable to protect that interest.  This is a careful balancing exercise between protecting a company’s legitimate interests and curtailing an individual’s ability to work.  If a business-critical person resigns, or there is an indication they may resign and they perform a role where legitimate business interests may be at risk, an employer should take steps in readiness.  You can do this by placing the employee on garden leave for the duration of their notice period, for example.  If you need immediate relief, however, you must move quickly and seek legal advice on the options available, whilst gathering evidence of the alleged breaches and any damages which may have been suffered.

As with any disputes, keeping all parties aware of their obligations is to be recommended at all times. Reminding departing employees of their obligations immediately and regularly throughout the process can help avoid many headaches. However, ensuring your contracts have strong and robust mechanisms like restrictive covenants can shield your organisation or company when there are staff changes.