Common Law Principles on Restraint of Trade: Fundamental doctrine stating that restraints of trade are void unless they are reasonable and necessary to protect legitimate business interests
Competition Act 1998: Primary legislation ensuring the non-compete clause doesn't create anti-competitive effects in the market
Employment Rights Act 1996: Key legislation governing fundamental employment rights, obligations and the relationship between employer and employee
Trade Secrets Regulations 2018: Legislation governing the protection of confidential information and trade secrets that may need to be referenced in the non-compete clause
Human Rights Act 1998: Legislation protecting fundamental rights including Article 11 (freedom of association) and right to work considerations
Reasonableness Test Requirements: Legal requirement that restrictions must be reasonable in duration, geographic scope, and scope of restricted activities, being no wider than necessary to protect legitimate business interests
Legitimate Business Interests Doctrine: Legal principle requiring identification and protection of legitimate business interests such as trade secrets, confidential information, customer connections, and workforce stability
Consideration Requirement: Legal principle requiring adequate consideration if non-compete clause is introduced after employment has commenced
Garden Leave Provisions: Legal considerations regarding the interaction between garden leave clauses and non-compete restrictions, including the overall length of combined restrictions
Post-Brexit Legal Framework: Consideration of EU retained law and developing case law in England and Wales following Brexit
