What is the typical duration for a non-dealing covenant?

Non-dealing restrictions usually range from 3 to 12 months and must be no wider than needed to protect customer relationships or goodwill.

How long can an employee non-poaching restriction last?

Employee non-poaching clauses typically last 6 to 12 months, especially where the departing employee could influence key staff to leave.

Can confidentiality restrictions last indefinitely?

Confidentiality obligations can last longer than non-compete clauses and may continue indefinitely for genuine trade secrets, provided the wording is clear.

Are typical duration ranges enough to make a covenant enforceable?

Duration ranges are helpful guidance, but enforceability depends on the exact wording, facts, role, and business interest being protected.

What happens if a restrictive covenant is too long?

UK courts may refuse to enforce a covenant if its duration is longer than reasonably necessary, even if the business has a legitimate concern.

When should an employer review restrictive covenant durations?

A restrictive covenant should be reviewed when an employee is promoted, changes role, gains client access, or receives new confidential information.

Are restrictive covenant durations different in business sale agreements?

Yes. Restrictive covenants in sale of business agreements are often longer than employment covenants because the seller is paid for goodwill and has greater bargaining power.

Is there a legal maximum duration for UK non-compete clauses?

The proposed UK cap on non-compete clauses has been discussed, but employers should check the current legal position before relying on any maximum period.

How should I use typical duration ranges when creating a restrictive covenant?

Use duration ranges as a starting point, then tailor the clause to the role, risk, territory, and protected interest. Overly broad templates can be unenforceable.

Is a restrictive covenant the same as a non-compete agreement?

They are closely related. A restrictive covenant is the broader term, while a non-compete clause is one type of restrictive covenant that limits working for competitors.

EN-GB>Employment>Restrictive Covenant>Typical UK Restrictive Covenant Durations

Typical Duration Ranges For UK Restrictive Covenants

Created: 9 Jun 2026

This dataset helps readers understand common timeframes used in UK restrictive covenants, supporting more informed drafting and review. For related templates and guidance, visit the AI Generated British Restrictive Covenant Agreement page.

Restricted Party Role	Typical Minimum Months	Typical Maximum Months	Duration Factors	Duration Risk Level
Non-compete
Junior employee	0	3	Rarely justified limited influence, confidential information or customer connection.	High
Mid-level employee	3	6	Customer influence, sensitive know-how, sales cycle and garden leave offset.	Medium
Senior employee	6	12	Strategic knowledge, senior client control, team influence and narrow market scope.	Medium
Director	6	12	Board-level information, fiduciary role, client ownership and competitive threat.	Medium
Founder	6	18	Equity exit, goodwill, key relationships, product roadmap and bargaining power.	Medium
Seller of a business	12	36	Purchased goodwill, price paid, industry, geography and seller customer influence.	Low
Consultant	3	6	Project sensitivity, exclusivity, client exposure and independent contractor status.	Medium
Partner or LLP member	6	24	Client book, profit share, seniority, goodwill and negotiated exit terms.	Medium
Non-solicitation
Junior employee	0	3	Only where direct recent customer contact exists.	Medium
Mid-level employee	3	6	Recent dealings, customer loyalty, renewal cycle and role scope.	Low
Senior employee	6	12	High-value accounts, long sales cycle and strategic customer relationships.	Low
Director	6	12	Fiduciary exposure, board relationships, key accounts and succession period.	Low
Founder	9	18	Personal goodwill, investor deal, transition support and customer dependence.	Medium
Seller of a business	12	36	Goodwill transfer, earn-out period, customer migration and sale price.	Low
Consultant	3	9	Client introduction, project length, account ownership and referral access.	Medium
Partner or LLP member	6	24	Client following, firm goodwill, partnership deed and seniority.	Medium
Non-dealing
Junior employee	0	3	High risk unless limited to customers actually handled.	High
Mid-level employee	3	6	Recent material dealings and genuine risk of customer following.	Medium
Senior employee	6	12	Senior account control, passive approaches and long procurement cycle.	Medium
Director	6	12	Strategic accounts, fiduciary knowledge and customer substitution period.	Medium
Founder	9	18	Personal goodwill, founder brand, earn-out and customer dependency.	Medium
Seller of a business	12	36	Protects purchased customer goodwill even against customer-initiated work.	Low
Consultant	3	6	Client access during assignment and whether consultant introduced the client.	Medium
Partner or LLP member	6	24	Client ownership, sector norms, partnership goodwill and negotiated buyout.	Medium
Non-poaching
Junior employee	0	3	Usually only justified if the employee can influence colleagues to leave.	Medium
Mid-level employee	3	6	Team influence, recruitment plans and vulnerability of key staff.	Low
Senior employee	6	12	Management authority, key team knowledge and replacement period.	Low
Director	6	12	Leadership influence, retention risk and access to remuneration data.	Low
Founder	9	18	Founder loyalty, key engineers or sales team and transition risk.	Medium
Seller of a business	12	36	Stabilising acquired workforce and protecting value paid for management team.	Low
Consultant	3	6	Access to project team, subcontractors and recruitment discussions.	Medium
Partner or LLP member	6	24	Team following, lockstep arrangements and goodwill protection.	Medium
Confidentiality
Junior employee	12	60	Ordinary confidential information should expire trade secrets can last longer.	Low
Mid-level employee	24	84	Commercial sensitivity, product cycle and whether information is a trade secret.	Low
Senior employee	36	120	Strategic plans, pricing, trade secrets and continued secrecy measures.	Low
Director	36	120	Board papers, strategy, fiduciary duties and ongoing trade secrecy.	Low
Founder	36	120	Technical know-how, fundraising information, roadmap and trade secrets.	Low
Seller of a business	60	999	Trade secrets, know-how sold with goodwill and information not public.	Low
Consultant	24	84	Project data, client materials, trade secrets and sector sensitivity.	Low
Partner or LLP member	36	120	Firm strategy, client files, pricing, trade secrets and professional duties.	Low
Supplier restriction
Junior employee	0	3	Only defensible with direct supplier influence or procurement leverage.	High
Mid-level employee	3	6	Procurement role, supplier dependence and exclusivity arrangements.	Medium
Senior employee	6	12	Strategic suppliers, exclusive terms, pricing knowledge and sourcing cycle.	Medium
Director	6	12	Strategic procurement, board-level supplier plans and exclusivity.	Medium
Founder	6	18	Founder-built supply chain, exclusive suppliers and transition period.	Medium
Seller of a business	12	36	Protects acquired supply chain, exclusivity and operational goodwill.	Low
Consultant	3	6	Supplier introductions, project dependence and access to pricing.	Medium
Partner or LLP member	6	24	Firm-specific supplier network, exclusivity and negotiated exit.	Medium

How Long Should A UK Restrictive Covenant Last?

For employees, UK restrictive covenants are usually drafted in months rather than years. The data shows that 3 to 6 months is common for non-solicitation, non-dealing and non-poaching restrictions, while employee non-competes often sit around 3 to 6 months and become higher risk as they approach 9 to 12 months.

When Is A Longer Non-Compete More Likely To Be Justifiable?

Longer periods are most defensible where the restricted person had exceptional influence, access to strategic confidential information, close customer control or received sale consideration for goodwill. The data therefore gives wider ranges for directors, founders, partners and sellers of a business than for junior or mid-level employees.

Which Restrictions Usually Need The Shortest Duration?

Junior employee restraints and broad non-compete clauses are higher risk and should usually be short, tightly linked to a legitimate business interest and limited by role, geography and market. Confidentiality can last longer where it protects genuine trade secrets, but ordinary business information should not be treated as confidential forever.

Why Are Business Sale Covenants Different From Employment Covenants?

UK courts are generally more willing to uphold longer restraints in a business sale because the buyer is protecting the goodwill it purchased. Records for sellers therefore commonly show 12 to 36 months, especially for non-compete, non-solicitation and non-dealing covenants, while equivalent employee covenants often carry medium or high risk at much shorter durations.

What Drafting Point Matters Most For Duration?

The duration should match the time reasonably needed to protect the specific interest: customer connection, workforce stability, supplier relationships, confidential information or purchased goodwill. A single blanket duration across all restriction types and roles is less defensible than tailored periods for each covenant.

Typical Duration Ranges for UK Restrictive Covenants

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FAQs

What is a typical duration for a UK non-compete clause?

In the UK, non-compete clauses often range from 3 to 12 months, depending on the employee’s role, seniority, industry, and access to confidential information or client relationships.

Is a 12-month restrictive covenant enforceable in the UK?

Are shorter restrictive covenants more likely to be enforceable?

What affects the appropriate length of a restrictive covenant?

How long should a non-solicitation clause last in the UK?

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