Non-Compete Clause Calculator

Non-compete clauses are enforceable in the UK if they are reasonable in scope, duration, and geographical area, and protect a legitimate business interest (trade secrets, client relationships, or workforce stability). Courts scrutinise them carefully and will not enforce clauses that are wider than necessary. The burden of proof is on the employer to show the restriction is reasonable.

Courts generally consider 3-6 months reasonable for most employees. Senior executives and those with access to highly sensitive information may face 6-12 month restrictions. Anything over 12 months is rarely enforceable unless there are exceptional circumstances. The restriction must be no wider than necessary to protect the employer's legitimate interests.

Yes. You can negotiate removal or reduction of non-compete clauses when starting a new job, during employment, or as part of a settlement when leaving. Consider asking for: a shorter duration, a narrower geographical scope, a payment for the restriction period (common in continental Europe), or a non-solicitation clause instead. Your negotiating power depends on your seniority and the employer's need for you.

If you breach a non-compete, your former employer can: seek an interim injunction (court order stopping you from working for the competitor), claim damages for losses caused, and in some cases claim against your new employer for inducing breach of contract. Injunction hearings happen quickly (within days) and can result in you being ordered to stop work immediately.

Yes, typically. Courts view garden leave and non-compete restrictions as serving similar purposes — keeping you away from the market. If you serve 3 months' garden leave, a 6-month non-compete may be reduced to 3 months or less. Some contracts explicitly state that garden leave runs concurrently with post-termination restrictions.