In our post, Stop the Poachers: Legal tips to protect your business, we explored how non-solicitation clauses, non-compete clauses and contractor agreements can help protect your business from client and employee poaching. That was about prevention.
This follow-up is about reality. Having restrictive covenants in an employment contract is one thing – but are they actually enforceable under UK law? Let’s break down what you need to know.
Are restrictive covenants enforceable in the UK?
The short answer: yes, but only if they’re reasonable.
Restrictive covenants in UK employment law – whether non-compete clauses, non-solicitation clauses or post-termination restrictions – will only be enforced by a court if they are clear, proportionate and justified.
- Too wide? “You can’t work in the industry anywhere in the UK for two years” = unlikely to stand.
- Too vague? “You can’t deal with any clients” without defining who those clients are = weak.
- Too long? Anything over 6–12 months is usually pushing it.
Employment law specialist Sally Humphrey explains:
“Many businesses use very wide, long restrictions that simply wouldn’t stand up in court. The key is tailoring them to the role, the level of risk, and why the restriction is genuinely needed.”
Why non-solicitation clauses matter
One of the most common and effective protections is the non-solicitation clause. This stops an ex-employee or contractor from actively approaching your clients after they leave.
Unlike a blanket non-compete, non-solicitation clauses are more likely to be upheld because they’re targeted at protecting legitimate business interests – your client relationships.
Tip: Make sure you correctly define the “client” in your non-solicitation clause. A robust definition will encompass both existing and prospective clients and will reference the employee’s relationship with these clients.
Post-termination obligations – don’t just wait for a breach
Enforceability is important, but prevention beats cure. When an employee resigns:
- Remind them in writing of their obligations – restrictive covenants, confidentiality, intellectual property.
- Include a handover process that secures key client relationships.
- Reinforce expectations before they leave – don’t just wait for a breach to happen.
This simple step often stops disputes before they start.
The real cost of enforcing restrictive covenants
Here’s the reality check: enforcing a restrictive covenant usually means applying for an injunction – and that can easily cost £10,000+. For many SMEs, that’s simply not realistic.
That’s why relationship management is just as important as contracts. Sally’s advice:
“Businesses should put energy into nurturing the clients an exiting employee was working with. If those clients feel valued and supported, they’re much less likely to follow the leaver to a competitor.”
Key takeaways for UK employers
- Review your employment contracts – make sure restrictive covenants and non-solicitation clauses are realistic, specific and enforceable.
- Avoid copy-paste contracts – tailor restrictions by role and risk.
- Plan your offboarding process – reinforce post-termination restrictions clearly and in writing.
- Balance law with loyalty – contracts help, but client relationships keep business secure.
- Know your options – enforcing restrictive covenants in the UK is possible, but expensive. Prevention is better than cure.
Need tailored employment contract advice?
If you’re unsure whether your restrictive covenants would hold up in court, or if you want to strengthen your employment contracts, contact us.
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