Privileged and confidential, sample

Is the restraint clause enforceable?

Advice to the client on a post-employment non-compete, in an invented jurisdiction.

Sample ChambersFictional matter, general principles onlyOctober 2026

Advice in four parts

  1. The clause and the facts
  2. The law on restraints of trade
  3. Application and risk
  4. Options and recommendation
The Employee shall not, for twelve months after termination, work for any competitor anywhere in the Territory.
Clause 14.2Employment agreement, sample text

Analysis

Issue, rule, application, conclusion

  1. Does clause 14.2 protect a legitimate interest, and go no further than necessary?

  2. A restraint is enforceable only if reasonable between the parties and in the public interest.

  3. The interest is genuine. The territory and the ban on any role are wider than that interest requires.

  4. Probably unenforceable as drafted

    A narrower clause would likely be upheld.

The arguments, side by side

For enforcing

  • Employee held confidential pricing data
  • Twelve months is not unusual
  • Signed with independent advice

Against enforcing

  • Territory covers markets the employer never served
  • Bars any role, not only competing ones
  • No garden-leave payment

Options for the client

Enforce the clauseNegotiate a narrower termDo nothing
CostHighLowNone
Time6 to 12 months4 weeksNone
RiskClause struck outLowClient data exposed

Recommendation

Narrow it, then enforce

Adviser A. Sample, Barristerchambers@example.com