Employment Law

Non-Compete Clauses and Restrictive Covenants

A clause in your contract may affect a move to a new job or the start of a business. We can review the wording and circumstances before you sign, leave or respond to a threatened claim.

Employment application paperwork
Employment Law SJS Solicitors, Balham

Understanding your next steps

How we can help

Read the whole agreement

Restrictions may appear in the employment contract, a later variation, a settlement agreement or a separate document. Bring all versions, together with details of your role when you agreed them.

Consider the proposed move

A restriction on competing is different from one about customers, colleagues or confidential information. We look at what you plan to do and how the wording might apply.

Respond before the position escalates

An employer may seek urgent court action over an alleged breach. We can review a warning letter, explain the issues and discuss a response. Employers can also ask for advice on existing restrictions.

A clear way forward

What happens next

  1. What to have ready

    Send the signed contract and amendments, job description, notice correspondence and details of the proposed role. Include any letter demanding undertakings or threatening proceedings.

  2. Your next step

    Seek advice before accepting restrictions or taking disputed steps. If a deadline has been set, tell us immediately so we can confirm whether we can assist in time.

Planning ahead

Fees and timescales

01 / Fees

What the costs cover

A document review is different from negotiation or urgent court work. We explain the initial scope and fee basis, with any further work agreed separately.

02 / Timescales

Timing and deadlines

Timing often depends on the proposed start date and whether urgent relief is being sought. Do not assume a restriction can be ignored because it appears broad or because a colleague was allowed to leave.

Read our published Price Guide, then contact us to confirm the work you need and the costs involved.

View Price Guide

Useful to know

Your questions, answered

Are non-compete clauses always enforceable?

No. Enforceability depends on the wording and circumstances. The fact that a clause is in a signed contract does not settle the question.

Is a non-solicitation clause the same thing?

No. It usually concerns approaching particular customers or contacts. Other clauses may cover dealing with customers, recruiting staff or using confidential information.

Can I show you a new contract before signing?

Yes. Send the proposed contract and explain your current role and future plans. Reviewing it early gives you a chance to understand and raise concerns.

What if I have received a solicitor’s letter?

Send the full letter and attachments, noting the response deadline. Do not give undertakings you do not understand. Tell us about any steps you have already taken.

General information for England and Wales. Contact us for advice about your circumstances.

SJS Solicitors · Balham

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