Put non-compete terms in writing with wording matched to the role

A non-compete clause can be important where someone has real access to customers, pricing, strategy, confidential information or key staff relationships. Without clear written restrictions, it may be harder to respond if that person leaves and quickly joins a competitor or starts a competing business. In practice, broad wording is not enough. The clause needs to match the legitimate business interest you are trying to protect and the role the person actually performs. That is why businesses often need a document drafted around the specific worker, rather than relying on generic restraint wording.

It will usually set out what competitive activities are restricted, how long the restriction lasts, and whether there is any geographic or market limit. It may also work alongside confidentiality, non-solicitation and non-dealing clauses where those protections are relevant. For a senior employee or a contractor with direct client influence, the agreement may need more precise definitions around competitors, clients, group entities or sensitive information. The practical working model can be just as important as the contract wording, so the document should reflect how the person actually works, not just their title.

We usually need to understand the person's role, seniority, access to confidential information, influence over clients or suppliers, and the kind of competitive threat you are concerned about. Existing documents can also matter, such as an employment contract, contractor agreement, offer letter, bonus terms or staff handbook. If restrictions already exist, we look at how the new wording should fit with them. The right wording depends on the deal structure, the documents exchanged and how the arrangement operates in practice, especially where the individual is labelled a contractor but works in a way that looks closer to employment.

Often, yes. A template may use restrictions that are too broad for the role, too vague to be useful, or disconnected from the rest of your employment documents. That can create problems later if you need to rely on the clause. For example, a restriction written for a senior executive may be hard to justify for a junior employee, while a very basic clause may not deal properly with client connections or access to commercially sensitive information. A tailored document is usually more useful where the person has strategic knowledge, sales influence or strong customer relationships.

For many matters, drafting can begin once we have the key details about the role and any existing documents that need to be checked. Timing depends on how complex the restrictions are and whether the agreement needs to align with a current employment or contractor arrangement. After reviewing your instructions, we prepare the draft and work through any included amendments. If the matter develops into a live dispute, urgent enforcement issue or broader HR project, that would usually need separate support because this service is for the document itself rather than ongoing representation.

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