Restrictive Covenants in UK Commercial Retainers: Enforceability Guidance

In English law, post-termination restrictive covenants—such as non-compete, non-solicitation, and non-dealing clauses—are prima facie void as an unlawful restraint of trade unless they can be proven to protect a legitimate business interest.

The Courts of England and Wales strictly interpret these clauses. Employers and commercial principals must ensure that the geographical scope, duration (typically capped at 6 to 12 months), and restricted activities are strictly tailored to the individual's seniority and access to trade secrets.

Boilerplate or overly broad non-compete clauses are routinely struck down in their entirety by UK courts. Strategic precision in drafting is paramount to maintaining enforceability.