What a non-compete does
Prevents an ex-employee from working for a competing business for a defined period. Typical scope: named competitors or defined categories, geographic radius (5-25 miles or specified regions), duration (3-12 months), capacity ("as employee, consultant, director or otherwise"), and activities ("in the same or similar capacity").
The enforceability test
Non-competes are the strictest covenant to enforce. Courts apply the Nordenfelt test: legitimate business interest, no wider than necessary, not against public interest. All three limbs must be satisfied.
Duration - what courts accept
| Duration | Enforceability |
|---|---|
| 1-3 months | Almost always enforceable |
| 3-6 months | Enforceable in professional/specialist markets |
| 6-12 months | Enforceable where trade secrets or deep client relationships exist |
| 12-24 months | Rarely enforced |
| Over 24 months | Almost never enforced |
The proposed 3-month cap
In 2023 the UK government proposed capping non-compete duration at 3 months. As at July 2026 the reform has not been enacted. If enacted, non-competes over 3 months would be void; garden leave, non-solicit and non-poach would be unaffected.
Garden leave interaction
Courts increasingly reduce enforceable non-compete duration by garden leave already served. A contract with 6-month garden leave plus 12-month non-compete may only enforce 6 months of non-compete post-termination.
Consideration for mid-contract non-competes
Requires fresh consideration: pay rise, promotion, new benefit, bonus, or access to new information/clients. Nominal £1 is not enough.
Public interest considerations
Courts weigh public interest particularly in healthcare and professional services. Non-compete on an NHS surgeon in a small catchment area is harder to enforce than the same clause on a hedge-fund analyst.
Challenging a non-compete
- Get specialist legal advice on the specific clause.
- Consider negotiating a waiver or shorter period.
- Consider bundling into a settlement agreement.
- If proceeding without agreement, prepare for interim injunction.
- Preserve evidence of unreasonableness.
What to do at the offer stage
Read the clause carefully. Negotiate specific limits: shorter duration, narrower geography, defined competitor list. Ask for garden leave set-off. Take specialist advice for senior or specialist roles.
Useful calculators
- Notice period calculator
- PILON calculator
- Garden leave calculator
- Settlement agreement calculator
- Final pay estimator
Related guides
- Restrictive covenants explained
- Working for a competitor during notice period
- Garden leave explained
- What is a settlement agreement
- Employment contract changes
Authority pages
Frequently asked questions
- Are non-compete clauses enforceable in the UK?
- Yes where reasonable in scope, duration and geography. Overreach clauses are struck down. Reasonable 3-12 month non-competes in specialist markets are routinely enforced.
- How long can a UK non-compete last?
- 3-12 months is the normal enforceable range. The proposed statutory 3-month cap has not been enacted.
- Can my employer stop me joining a competitor?
- Only for a defined period within a reasonable geographic scope, and only where the competitor genuinely threatens the ex-employer's protectable interests.
- Does garden leave count against the non-compete?
- Increasingly yes. UK courts often reduce non-compete duration by garden leave served, particularly where the total ban would exceed 6-12 months.
- Can I negotiate my non-compete before signing?
- Yes and you should. Ask for shorter duration, narrower geography, defined competitor lists, and a garden leave set-off. Senior roles warrant specialist advice.
Sources and further reading
- Nordenfelt v Maxim Nordenfelt [1894] AC 535 — Foundational restraint-of-trade authority.
- Tillman v Egon Zehnder Ltd [2019] UKSC 32 — Modern authority.
- GOV.UK: Non-compete consultation response — Government policy update.
- ACAS — Free, impartial UK employment advice.
- Law Society: Restrictive covenants — Professional body guidance.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.