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ARTICLE · 30 JULY 2026

HR Briefing - July 2026

Macfarlanes LLP
Macfarlanes LLP
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Macfarlanes LLP

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This briefing examines three recent court cases that challenge conventional approaches to post-termination restrictions, revealing critical vulnerabilities in how employers draft non-competes, training clawback clauses, and group company protections. The analysis explores when these restrictions cross the line from legitimate business protection into unenforceable restraint of trade, with particular focus on probationary periods, indirect restrictions through repayment schemes...

United KingdomEmployment and HR

Welcome to our briefing for HR teams and in-house employment counsel – bringing you this month’s employment law highlights in an easy-to-read package.

In this edition we're going to focus on three recent cases looking at different aspects of post-termination restrictions, or PTRs. PTRs are typically grouped into non-competes (that prevent working for a competitor), non-solicits (that prevent active targeting of former clients or customers), non-deals (that prevent dealing with a former client or customer whether targeted or not), and non-poaches (that prevent targeting former colleagues). As readers will no doubt already know, all PTRs need to be viewed through the lens of the restraint of trade doctrine, a long-standing common law rule that prohibits any restriction on a person's ability to ply their trade unless the restriction is reasonable to protect a legitimate business interest. The interests the courts usually accept are protecting confidential information and protecting

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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