Are restrictive covenants enforceable in the UK?

Only where reasonable in scope, duration and geographic reach, and only to the extent needed to protect a legitimate business interest. Overreach clauses are struck down.

How long can a non-compete last?

3-12 months is the normal enforceable range. Over 12 months requires exceptional circumstances. Courts increasingly reduce duration by the length of garden leave served.

Can I be stopped from taking a new job?

Only for a defined period, only within a reasonable geographic scope, and only where the new role genuinely threatens the ex-employer's legitimate interests. Blanket bans on any employment are unenforceable.

What is the blue-pencil rule?

Where a covenant is partly enforceable, courts can strike out overreach words (but not rewrite the clause) to leave a reasonable version. Post-Tillman 2019, applied more flexibly.

What are the remedies if I breach?

Interim injunction, damages for lost profits, account of profits for financial gain, springboard injunction to prevent head-start advantage. Employers usually only pursue where the loss is material.

Restrictive Covenants Explained UK (2026): Types, Enforceability, Remedies

The five main types

Type	Prevents	Duration
Non-compete	Working for a competitor	3-12 months
Non-solicit	Approaching former clients	6-24 months
Non-poach	Recruiting former colleagues	6-24 months
Non-deal	Doing business with former clients	6-12 months
Confidentiality	Using confidential information	Indefinite for trade secrets

The enforceability test

Courts start from restraint of trade being void as a matter of public policy. To be enforceable, a covenant must (1) protect a legitimate business interest, (2) be no wider than necessary, and (3) not be against public interest. Reasonableness is judged at contract-signing date.

What courts typically enforce

Non-compete for 6 months in specialist markets with genuine trade secrets or key client relationships.
Non-solicit for 12 months on named clients the employee had material dealings with.
Non-poach for 12 months on identified senior colleagues.
Confidentiality without time limit on genuine trade secrets.

What courts typically strike out

Non-compete over 12 months except in extraordinary circumstances.
Non-compete without geographic limit for a locally-focused role.
Blanket covenants for junior staff without protectable interests.
Non-solicit covering clients the employee never dealt with.
Cascade clauses (many overlapping restrictions) where overall effect is unreasonable.

Garden leave interaction

UK courts increasingly reduce non-compete duration by garden leave served. Rationale: the employee is already out of the market during garden leave. Good practice: draft covenants that expressly credit garden leave against non-compete.

Consideration for mid-contract restrictions

Adding a covenant mid-contract requires fresh consideration - pay rise, promotion, new benefit, bonus. Nominal £1 or "continued employment" is not enough.

Blue-pencil rule

Post-Egon Zehnder v Tillman (Supreme Court 2019), courts apply the blue-pencil rule flexibly - they can strike out overreach words to leave a reasonable clause, but they will not rewrite the covenant.

Breach remedies

Interim injunction to restrain the breach.
Damages for lost profits or client relationships.
Account of profits for financial gain.
Springboard injunction to prevent unfair head-start.

Challenging as an ex-employee

Get specialist advice on the specific clauses. Consider declaration of non-enforceability (rare, expensive). More commonly: proceed and defend if sued. Preserve evidence of unreasonableness (market context, individual role, actual protectable interests).

Useful calculators

Related guides

Authority pages

Frequently asked questions

Are restrictive covenants enforceable in the UK?: Only where reasonable in scope, duration and geographic reach, and only to the extent needed to protect a legitimate business interest. Overreach clauses are struck down.
How long can a non-compete last?: 3-12 months is the normal enforceable range. Over 12 months requires exceptional circumstances. Courts increasingly reduce duration by the length of garden leave served.
Can I be stopped from taking a new job?: Only for a defined period, only within a reasonable geographic scope, and only where the new role genuinely threatens the ex-employer's legitimate interests. Blanket bans on any employment are unenforceable.
What is the blue-pencil rule?: Where a covenant is partly enforceable, courts can strike out overreach words (but not rewrite the clause) to leave a reasonable version. Post-Tillman 2019, applied more flexibly.
What are the remedies if I breach?: Interim injunction, damages for lost profits, account of profits for financial gain, springboard injunction to prevent head-start advantage. Employers usually only pursue where the loss is material.

Sources and further reading

Tillman v Egon Zehnder Ltd [2019] UKSC 32 — Modern authority on severance.
ACAS — Free, impartial UK employment advice.
ACAS: Restrictive covenants — Free guidance.
GOV.UK: Non-compete consultation — Government policy review.
Law Society: Restrictive covenants briefing — Professional body guidance.

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.