Common Law Restraint of Trade Doctrine: Fundamental legal doctrine that governs non-compete clauses, requiring them to be reasonable and only protect legitimate business interests to be enforceable
Competition Act 1998: Primary legislation ensuring the agreement doesn't create anti-competitive effects and complies with competition law principles
Employment Rights Act 1996: Key legislation governing employment relationships, affecting the enforceability and reasonable terms of non-compete clauses in employment contexts
Trade Secrets (Enforcement, etc.) Regulations 2018: Legislation protecting confidential information and trade secrets, influencing what activities and information can be reasonably restricted
Human Rights Act 1998: Legislation protecting fundamental rights including freedom of association and right to work, which must be balanced against business protection
Geographic Scope Requirement: Legal principle requiring that any geographical restrictions in the non-compete must be reasonable and justified
Duration Requirement: Legal principle requiring that the time period of the non-compete must be reasonable, typically 6-12 months maximum
Scope Definition Requirement: Legal principle requiring that restricted activities must be clearly and specifically defined in the agreement
Consideration Requirement: Legal principle requiring that post-employment non-compete clauses must be supported by adequate consideration to be enforceable
Legitimate Business Interests: Legal principle requiring that non-compete restrictions must only protect legitimate business interests and not go beyond what is necessary
