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
- The clause and the facts
- The law on restraints of trade
- Application and risk
- 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
Does clause 14.2 protect a legitimate interest, and go no further than necessary?
A restraint is enforceable only if reasonable between the parties and in the public interest.
The interest is genuine. The territory and the ban on any role are wider than that interest requires.
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 clause | Negotiate a narrower term | Do nothing | |
|---|---|---|---|
| Cost | High | Low | None |
| Time | 6 to 12 months | 4 weeks | None |
| Risk | Clause struck out | Low | Client data exposed |
Recommendation
Narrow it, then enforce
Adviser A. Sample, Barristerchambers@example.com