These three get lumped together but do completely different jobs — and a court treats them very differently. Knowing which you actually need saves you from an unenforceable clause.
NDASafe is a document preparation service, not a law firm. Our templates are legally reviewed against applicable UK law at the point of release, but every situation is different. Where significant value, unusual risk or a cross-border element is involved, take independent legal advice before you sign.
The three, side by side
| Clause | What it does | Enforceability |
|---|---|---|
| NDA / confidentiality | Stops use or disclosure of confidential information | Generally enforceable if reasonable in scope and duration |
| Non-compete | Stops working for a competitor for a period | Restraint of trade — only if reasonable and no wider than necessary |
| Non-solicitation | Stops poaching staff, customers or suppliers | More readily enforced than non-competes if narrowly drawn |
Why non-competes are the hardest to enforce
A non-compete stops someone earning a living in their field, so UK courts start from the position that it is void and will only uphold it if it protects a legitimate interest and goes no further than reasonable — the test refined in Tillman v Egon Zehnder. Over-wide drafting is the usual reason they fail. See are NDAs enforceable for the reasonableness principle.
What you usually need
Start with confidentiality — an Employee NDA or Freelancer NDA. Add narrowly-drawn non-solicitation if poaching is the real risk, and a reasonable non-compete only where genuinely justified.
The NDASafe Employee NDA covers confidentiality with the mandatory carve-outs, plus optional non-solicitation and non-compete blocks drafted with the Tillman reasonableness test in mind. £29, or £79 for all eight.