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.