Non compete clause after only a few months in a job: who helps?

Summary

In the UK, a non compete clause is unenforceable unless your employer can show it protects a real business interest (such as clients or confidential information) and goes no further than reasonably necessary. Length, area, your seniority and whether the new job really competes all matter. A broad 6 month clause for someone junior may be hard to enforce, but there is no guarantee, and court cases are expensive. The government announced in October 2026 that it will legislate to restrict these clauses, but nothing has changed in law yet. Before you resign, check the wording, ask for a written release, and consider a short solicitor review.

Key information

• Starting point: restraints on working for others are void unless the employer proves they are reasonable.
• What courts look at: the business interest protected, the length, the area, the activities covered and your role. They judge it as at the date you signed.
• Is it a competitor?: check the exact definitions. A firm that builds software for its own use may not compete with a firm that sells software.
• Other duties still apply: confidentiality, not taking client lists, and notice periods are separate and often easier to enforce.
• Garden leave: if your employer puts you on garden leave, that time may count against the restriction.
• Law change: the government said on 9 October 2026 it will legislate to restrict non competes. Any new rules need an Act of Parliament first.
• Risk if you breach: your employer could seek a court order or damages. Most disputes settle, but legal costs can be high.
• ACAS can: explain your notice period and contract rights in general terms through the ACAS helpline. They will not tell you whether your specific clause is enforceable.
• Your new employer can: often review the clause with its own legal team, change your start date, or agree to support you if your old employer objects. They will not always take on your legal risk. Ask in writing.
• A solicitor can: read the clause against your role and the new job and give a view on risk, often for a fixed fee; draft a request to your employer for a release. They will not usually work for free. Some home insurance or union membership includes legal advice.

Practical guidance

• Read the clause and its definitions closely. Write down what you actually did and which clients or products you touched.
• Compare that with the new role. Ask the new employer how it sees the overlap.
• Ask your current employer, politely and in writing, to confirm it will not enforce the clause for this role.
• Do not resign until you have an answer or advice, and give the correct notice.
• Do not take documents, data or client contacts with you.
• Get a fixed fee review from an employment solicitor if the clause clearly covers the new role.
• Ask the Shaman to map the steps.

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