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Employee Non-Solicitation (Non-Poaching) Clause template

Employee Non-Solicitation (Non-Poaching) Clause template

£7.90

A non-solicitation clause preventing former employees from encouraging colleagues or contractors to leave the business for a specified period after employment ends.

Document

Access 12 months (includes updates)
Coverage UK-specific accuracy
Length 252 words · 2 pages
Last updated 09/06/2026
Formats Word · text · email
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Employee Non-Solicitation

Purpose

This clause is designed to protect the Company's workforce and business interests by restricting former employees from encouraging colleagues to leave the organisation following the termination of their employment.

Employee Non-Solicitation

The Employee shall not, for a period of [6 | 12] months following the termination of their employment for any reason, whether directly or indirectly, on their own behalf or on behalf of any other person, business or organisation:

a) solicit, entice, encourage or

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£7.90

Use

This employee non-solicitation clause helps employers protect workforce stability following the departure of an employee.

It restricts former employees from recruiting, encouraging, or facilitating the departure of colleagues, contractors, and consultants with whom they had significant business contact.

The clause includes a general recruitment advertisement exception and is designed to protect legitimate business interests while remaining reasonable and enforceable under UK employment law.

Timing

Follow these best practice actions to get the most from the Employee Non-Solicitation (Non-Poaching) Clause template, guiding you before, during, and after implementation:

Step-by-step action table for managing employee non-solicitation obligations

Step Description Responsibility Timing
1 Include a reasonable non-solicitation clause within the employee's contract of employment. HR / Legal At commencement of employment
2 Review post-termination restrictions when employees move into senior, specialist, or client-facing roles. HR / Management During employment
3 Remind departing employees of their post-termination obligations during resignation or exit meetings. HR / Manager Notice period
4 Monitor any concerns regarding solicitation of employees, contractors, or consultants following departure. HR / Management Up to 12 months after termination
5 Where a breach is suspected, seek legal advice and consider appropriate action, including injunctions or damages where justified. HR / Legal As required
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Example

At Sterling Precision Manufacturing Ltd, a Production Manager resigned to join a competitor after eight years with the business. During his notice period, concerns were raised that he had approached several skilled engineers about joining him at his new employer.

Fortunately, the manager's contract contained a 12-month non-solicitation clause covering employees and contractors with whom he had worked closely during the previous year. Following legal advice, the company reminded the departing employee of his obligations and monitored recruitment activity.

No further approaches were made, and the company avoided the potential loss of multiple key employees. The clause helped preserve operational stability, prevented disruption to production schedules, protected customer delivery commitments, and avoided significant recruitment and training costs that could have exceeded £50,000 had several experienced engineers left simultaneously.

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Legal Insights

Compliance

This Employee Non-Solicitation (Non-Poaching) Clause template incorporates relevant UK laws and HR standards, including those listed below:

  • Employment Rights Act 1996 – contractual rights and post-termination obligations
  • Common Law Principles on Restrictive Covenants – reasonableness and enforceability tests
  • Trade Secrets (Enforcement, etc.) Regulations 2018 – protection of confidential business information
  • Competition law principles relating to restraint of trade
  • Relevant UK case law governing post-termination restrictions and legitimate business interests
UK employment law guidance for Employee Non-Solicitation (Non-Poaching) Clause template

Frequently Asked Questions

Can I use this in my small business?

Yes. The Employee Non-Solicitation (Non-Poaching) Clause template is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.

Is it compliant with 2026 UK employment law?

Absolutely. As with the Employee Non-Solicitation (Non-Poaching) Clause template, all of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.

Can I customise it for my organisation?

Yes, we highlight the areas of the Employee Non-Solicitation (Non-Poaching) Clause template that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.

Do I get instant access to it?

Yes. Once purchased, you'll be able to download the Employee Non-Solicitation (Non-Poaching) Clause template instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.

What if I need more help, not just this template?

If you're looking for broader support, we also offer toolkits and library bundles that include the Employee Non-Solicitation (Non-Poaching) Clause template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.

Why should I use this Employee Non-Solicitation (Non-Poaching) Clause template, and not AI to generate it?

The risk of using a free AI-generated template 'without review' includes your legal exposure, missing context, and no awareness of the wider process, whereas purchasing the Employee Non-Solicitation (Non-Poaching) Clause template from us mitigates that risk.

The Employee Non-Solicitation (Non-Poaching) Clause template is also included in these bundles:

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