What Is The Future For Non-competes?

Restrictions preventing an employee from joining a competitor or setting up in competition for a period (typically between 6 – 12 months) after their employment has ended (a "non-compete") is a common, albeit at times controversial, feature of UK employment contracts.

But changes appear to be afoot and it seems likely that non-competes as we know them may look a little different in the future.

Used appropriately – such as limiting their application only to senior employees or to those with access to highly confidential information and trade secrets, and then only for a reasonable period – a non-compete makes complete sense. It allows an employer to safeguard its position, preventing parts of its business from being diverted elsewhere, which other post-employment restrictions (such as confidentiality obligations and non-solicitation restrictions) cannot always fully protect.