Can a non-compete clause be enforced UK?

Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.

Can non-compete clauses be enforced?

A non-compete clause will also only be enforceable if it protects a genuine interest that can be valued. The party seeking to enforce the non-compete clause has to prove that it has such an interest. Therefore, they have to show that the restrictions are reasonably necessary.

Where are non competes not enforceable?

Courts often will not enforce non-competes if the duration of the non-compete is too long, if the geographic scope where the employee is prevented from working is too wide, or if the types of work being prohibited are too broad.

What happens if you break a non-compete clause UK?

As with a non-compete clause, you could take an ex-employee to court if they breach the terms, looking for an injunction to prevent the individual from contravening the restrictions. You could also pursue damages as compensation for your losses suffered.

What happens if I break a non-compete clause?

Generally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you. In very rare cases, the court may prevent you from working for a competitor for the duration specified in the non-compete.

Are non competes enforceable if you are fired?

In most cases, the court will rule in favor of the agreement if the employer can meet certain conditions. This is true regardless of the reason the employee left the company, and in many cases, the employer can enforce the non-compete agreement after termination.

Can I get out of my non-compete?

According to the agreement you signed, you cannot go work for competing businesses if you leave your job. Fortunately for you, courts have recently limited the power of non-compete agreements to protect employees’ rights, making it possible (though not guaranteed) for you to get out of your non-compete.