Restraint of trade, research answer to client update
A twelve-month non-compete across the UK, Ireland and the EU is checked against the restraint-of-trade doctrine, then rewritten as a letter a lay client can act on.
Employment · Employment fee-earner, partner, client-facing associate
- Agents
- Research, Employment
- First draft
- A nine-authority research answer in under a minute, then a plain-English client update from the same matter.
The problem
Step 01 of 05
Ask the question
Whether a twelve-month covenant preventing employment by any law firm in the UK, Ireland or the EU is enforceable, and whether severance of the offending words is available.
Matter: 14 Rowan CourtEngland and WalesResearch AgentPrepare for: Court-Ready · Deliver as: WordWhere we looked
- 1Your documentsLease, demand, correspondence
- 2Primary law3 statutes, 1 judgment
- 3Regulators and the recordNothing needed
- 4Web searchOff for this question
Authorities · 4
- 1not yet checked
Law of Property Act 1925, s 146
c 20 - 2not yet checked
Housing Act 1996, s 81
c 52 - 3not yet checked
Commonhold and Leasehold Reform Act 2002, s 168
c 15 - 4not yet checked
Escalus Properties Ltd v Robinson
[1996] QB 231 (CA)
Step 02 of 05
Read the nine authorities
The starting position is that the covenant is void unless it protects a legitimate interest; severance is available on narrow conditions only.
# Reference Source Verdict 1 Tillman v Egon Zehnder Ltd
[2019] UKSC 32— not yet checked 2 Working Time Regulations 1998
SI 1998/1833, regs 4 to 5, 10 to 14— not yet checked 3 Coppage v Safety Net Security Ltd
[2013] EWCA Civ 1176— not yet checked 4 UK GDPR, Articles 6 and 9
Retained Regulation (EU) 2016/679— not yet checked 5 Employment Rights Act 1996, s 1
c 18— not yet checked 6 Harlow v Artemis International
[2008] EWHC 1126 (QB)— not yet checked Step 03 of 05
Write it for the client
The Employment Agent runs with Prepare for: Client Update and Deliver as: PDF, using the chat thread as a source, and is told not to present an arguable position as a certainty.
Agent
Jurisdiction
Prepare for
Deliver as
Instruction
What should the agent look for?Documents
Drop a contract, or pick one from the matter
Also on the matter
- Offer_letter_v3.pdf2 pages
- Staff_handbook_2025.docx61 pages
- Board_minute_14_Aug.pdf3 pages
Platform model · zero data retention · audit register onStep 04 of 05
Read the client update
Plain English, short sentences, citations in brackets at the end of the paragraph, and a recommended narrower covenant.
6 items need your confirmation14 authorities · Where we lookedSenior Associate Employment Contract: English Law Review
Summary
- 1.
Clause 9(c), non-competeHigh
The 12-month prohibition on working for any law firm anywhere in the UK, Ireland or EU, in any capacity, is almost certainly wider than reasonably necessary and therefore unlikely to be enforceable.
Tillman v Egon Zehnder Ltd [2019] UKSC 32 - 2.
Clause 11, data and monitoringHigh
Blanket contractual consent is not an adequate basis for general employment processing, special-category data or unrestricted monitoring.
UK GDPR, Arts 6 and 9 - 3.
Clause 4, holiday carry-overHigh
The unconditional five-day cap conflicts with mandatory carry-over rights where sickness, statutory leave or employer failure prevents leave being taken.
Working Time Regulations 1998, regs 13 to 13A
- 1.
Step 05 of 05
Sign off and share
The managing partner reads the letter, opens Authorities, clicks Verify all, and either downloads the PDF or shares it with a passcode link.
What travels
Protection
Six-digit passcode4 8 2 · 9 1 7Expires inshare.legalaispace.com/s/k7Qm…View log · also written to the audit register
- Today 09:14
Opened
client@halcyon-bidco.example - Today 09:15
Downloaded memo.docx
client@halcyon-bidco.example - Yesterday 17:40
Failed passcode attempt
unknown - Yesterday 16:02
Link created · expires in 7 days
E. Vance
The reader sees your firm's name, the sections you chose, and nothing else. No sign-in, no account, no way back into the workspace.
A document, not a transcript.
- A legal note for the associate citing nine authorities on enforceability and severance.
- A plain-English client letter built from the same authorities, with no section numbers in the body.
- A recommended narrower covenant: three to six months, tied to competing work, actual offices and clients with material dealings.
- Action items and open questions shared across both versions of the answer.
Authorities it checks
- Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535
- Herbert Morris Ltd v Saxelby [1916] 1 AC 688
- Tillman v Egon Zehnder Ltd [2019] UKSC 32
- Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32
- Credico Marketing Ltd v Lambert [2021] EWCA Civ 1504
What it does not do
- It does not tell the client the covenant is unenforceable outright; 'very unlikely to be enforced' is a deliberately different sentence.
- It does not draft the replacement covenant as a signature-ready clause without a fee-earner reviewing the client's specific facts.
- It does not vary an existing signed contract; the note flags that separate advice is needed before doing so.