You've been made redundant and are applying for jobs. Then you find a clause saying you cannot work for a competitor. Take it seriously, but do not assume its wording settles what you can do.
In Great Britain, a post-employment non-compete is a restraint of trade. An employer seeking to enforce it must show that it protects a legitimate business interest and goes no further than reasonably necessary. Confidential information, customer connections and workforce stability can be relevant; simply preventing competition is not enough. You can generally use your own skills and experience. The precise duties, wording and circumstances matter. A 12-month nationwide restriction is not automatically invalid, just as a three-month restriction is not automatically valid.
Look at the restricted activities, territory, duration and the work you actually did when the restriction was agreed. A non-solicitation clause (not approaching former clients) is different from a full non-compete. Courts can sometimes sever wording but do not simply rewrite an unreasonable covenant for an employer.
Redundancy alone does not release you from a post-employment restriction. A serious repudiatory breach by the employer, such as terminating without required notice or an authorised payment in lieu, may affect enforcement; whether a breach occurred and its effect need individual legal advice. A contractual payment-in-lieu clause, or your agreement to leave early, changes the analysis. Check the notice and benefits actually owed against the contract. Garden leave is still employment; whether its duration is credited against a later restriction depends on the contract and circumstances, not an automatic rule.
The previously proposed three-month statutory cap on non-competes is not in force as at 30 September 2026; government was still consulting on options. Do not rely on a proposed reform.
Read the signed contract and any later variation; record which clients or confidential information you dealt with. Ask the employer to explain which specific restriction it says applies, to what role and for how long. Do not assume a threat is empty: employers may seek urgent injunctions as well as damages. Before starting a competing role or disclosing the clause to a prospective employer, get independent employment-law advice about your facts and confidentiality obligations. Read more: https://myredundancyrights.co.uk/my-rights