Letter Of Non Solicitation Template for England and Wales

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Key Requirements PROMPT example:

Letter Of Non Solicitation

"I need a Letter of Non-Solicitation for a senior sales director who is leaving our technology consulting firm in March 2025, specifically preventing them from approaching our enterprise clients in the UK and EU for 12 months."

Document background
A Letter of Non-Solicitation is commonly used when an employee or business partner is leaving an organization and there's a need to protect valuable business relationships. The document typically outlines specific restrictions on approaching or attempting to do business with the company's clients, employees, or business partners. Under English and Welsh law, these restrictions must be reasonable in scope, duration, and geographic coverage to be enforceable. The letter should clearly define what constitutes solicitation and include specific time frames and territories where applicable. It's essential that the restrictions protect legitimate business interests while not unduly limiting the individual's ability to earn a living.
Suggested Sections

1. Sender and Recipient Details: Full names, addresses, and positions of both parties

2. Purpose Statement: Clear statement of the non-solicitation commitment and its context

3. Scope of Restriction: Detailed description of prohibited activities, including specific types of solicitation not permitted

4. Duration: Specific time period for which the non-solicitation restrictions will remain in effect

5. Geographic Coverage: Clear definition of the territorial scope where the restrictions apply

Optional Sections

1. Consideration: Details of any payment or benefit provided in exchange for the non-solicitation commitment

2. Exceptions: Specific circumstances or activities excluded from the non-solicitation restrictions

3. Remedies: Outline of consequences and available remedies in case of breach

4. Acknowledgment: Formal acknowledgment of understanding and agreement to the terms

Suggested Schedules

1. Schedule 1 - Protected Clients/Customers: Comprehensive list of specific clients or customers covered by the non-solicitation agreement

2. Schedule 2 - Defined Territory Map: Visual representation and/or detailed description of the geographic areas where restrictions apply

3. Schedule 3 - Prohibited Activities: Detailed list of specific activities considered as solicitation under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Common Law - Restraint of Trade: Fundamental doctrine limiting restrictions on trade/employment to what is reasonable and necessary to protect legitimate business interests

Nordenfelt v Maxim Nordenfelt (1894): Key case law establishing the reasonableness test for restrictive covenants in English law

Tillman v Egon Zehnder Ltd [2019] UKSC 32: Modern Supreme Court case providing updated guidance on interpretation and enforcement of restrictive covenants

Competition Act 1998: Primary UK legislation governing competition law and preventing anti-competitive practices

Enterprise Act 2002: Legislation governing market regulation and business competition in the UK

Article 101 TFEU: Retained EU law prohibiting anti-competitive agreements that may affect trade

Employment Rights Act 1996: Core employment legislation protecting employee rights and defining employment relationships

Trade Union and Labour Relations (Consolidation) Act 1992: Legislation governing trade union rights and collective labor relations

Equality Act 2010: Legislation ensuring non-discrimination and equal treatment in employment relationships

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and protecting against unreasonable exclusion clauses

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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