Government to Curb Non-Compete Clauses, Firms Eye Gardening Leave
New legislation aims to free up the jobs market, but legal experts anticipate businesses will shift to other restrictive employment practices like gardening leave.
New legislation aims to free up the jobs market, but legal experts anticipate businesses will shift to other restrictive employment practices like gardening leave.
· Updated
The government has announced plans to legislate against the use of non-compete clauses in employment contracts, a move intended to stimulate the jobs market for highly skilled workers. Andy Burnham stated that some clauses have "gone too far" and that the legislation will also address lengthy notice periods.
In sectors such as technology, finance, and insurance, non-compete clauses are common due to the specialized skills and intellectual property involved. While employees may welcome the change, some businesses in the City express concern about retaining staff and proprietary information.
City lawyers have been preparing for this shift, advising clients on alternative strategies. Experts suggest that companies may increase their reliance on gardening leave, a practice where employees remain on payroll during their notice period but are instructed not to work or contact colleagues.
This development comes as businesses are already navigating significant changes to UK employment laws. The government's move follows a consultation on restrictions for non-compete clauses, with feedback closing earlier this year.
Alternatives to non-compete clauses being considered by firms include financial incentives to retain staff and restructuring bonus payments. Legal professionals anticipate that while the government may seek to limit long notice periods, employers will continue to find ways to manage employee transitions to competitors.
FAQ
What is the government's plan regarding non-compete clauses?
The government intends to introduce legislation to curb the use of non-compete clauses in employment contracts and address lengthy notice periods.
What alternative measures might businesses use instead of non-compete clauses?
Businesses are expected to increase their use of gardening leave, financial incentives, and potentially restructure bonus payments to retain staff and protect their interests.