Non-compete, non-solicit, and non-deal clauses are only enforceable so far as they are reasonable — how to tell whether yours would actually hold.
Post-termination restraints are presumed void as a restraint of trade unless the employer can show they go no further than reasonably necessary to protect a legitimate business interest — such as trade connections, confidential information, or a stable workforce. A bare wish to avoid competition is not enough.
Duration, geographic reach, and the activities restrained must each be no wider than necessary. A six-month non-solicit of clients you actually dealt with is far easier to enforce than a two-year nationwide ban on working in the sector.
Whether you are an employer drafting them or an employee deciding whether to risk a new role, The Counsel reads the covenants, flags the parts most likely to be cut down or struck out, and suggests tighter wording — then take advice on anything high-stakes.
Sometimes. A court will enforce a restraint only so far as it is reasonable and protects a legitimate business interest; anything wider than necessary in scope, time, or geography is likely to be cut down or struck out.
Only if a valid, reasonable restriction applies and protects a genuine interest. Many non-competes are drafted too broadly to enforce. The Counsel flags the weak points, but take advice before relying on or breaching one.
A non-compete tries to stop you working in competition at all; a non-solicitation stops you approaching specific clients or staff. Narrower non-solicit clauses are generally easier for an employer to enforce than broad non-competes.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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