Restrictive Covenants & Non-Compete Clauses - Your Legal Rights

Helpful, easy to understand and most importantly realistic

Is your employer trying to stop you from working for someone else?

What is a restrictive covenant and when will it be enforceable?

  • A business can lawfully protect its interests by restricting an employee’s activities for a period of time after their employment has ended.
  • A restrictive covenant will only be enforceable however if it protects a legitimate business interest and is no wider than is reasonably necessary to protect that interest, otherwise it will be regarded as an unlawful restraint of trade. The only recognised business interests are:
    • trade connections (including the relationship between the business’s customers and its suppliers)
    • trade secrets and confidential information
    • stable workforce

Types of clauses

These tend to include:

  • non-solicitation of:
    • customers
    • prospective customers
    • other employees
  • non-dealing of:
    • customers
    • prospective customers
  • non-compete including:
    • geographically
    • industry specific
  • confidentiality

Employment solicitors

If you would like further information, please contact Reena Sharma or Stacey Edgley at our Farnborough office or Mel McCrum at our Ash Vale office. They are all members of the Employment Lawyers Association.

Also see our guide to restrictive covenants in employment contracts.