Could banning non-compete clauses be bad for business and economic growth?

ended 25. October 2026

The government is considering banning non-compete clauses to make it easier for employees to move between employers or set up their own businesses.

But firms may spend years, and considerable sums of money, attracting clients, recruiting employees and training them. 

What happens if those employees can then leave and take the clients with them?

Questions for Newspagers

  1. Could banning non-compete clauses actually discourage businesses from recruiting, training and investing in staff?
  2. Is it reasonable for an employee to leave and take clients that their former employer has spent years and considerable money attracting?
  3. What would this mean for the value of small businesses, particularly those where client relationships account for much of their worth?
  4. Could the government inadvertently damage economic growth by making business owners less willing to invest?
  5. Where should the line be drawn between an employee's right to change jobs and an employer's right to protect their business?

9 responses from the Newspage community

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Scott GallacherVerified
Director at Rowley Turton
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I joined Rowley Turton as a trainee and worked my way up to adviser and director. The firm invested in my training and introduced me to clients it had spent years attracting.

Of course, I should be free to change job. But businesses also need to protect what they've spent years building. Would it really be fair for me to leave, set up in competition and take those clients with me?

Some argue that non-solicitation clauses offer sufficient protection, but I could simply post on LinkedIn, and sponsor the roundabout outside our offices, making sure everyone knew where I'd gone, without directly approaching a single client.

We try to reduce this risk by ensuring clients have relationships with our wider team, rather than just one adviser.

Removing non-compete clauses makes it easier for employees to walk away with the firm's clients. So why would small businesses continue spending money on training, recruitment and attracting clients? Hardly sounds like a recipe for economic growth.
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Employees should absolutely be free to change jobs and use the skills they have built, but that is different from being able to leave a business and immediately take clients or confidential information that the employer has spent years and considerable money building.

A blanket approach risks treating reasonable business protection and genuinely restrictive clauses as the same thing. The sensible line is to stop employers unfairly preventing people from earning a living, while still allowing businesses to protect client relationships, confidential information and the investment they have made in building those relationships.
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Tony SanchezVerified
Founder at Bridging Loan Directory
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As a small business owner, I understand the concern. Building client relationships takes years, and losing several important accounts at once could have a serious effect on revenue and the value of a business.

But banning non-compete clauses is not the same as giving departing employees permission to misuse confidential information or ignoring separate restrictions on approaching clients.

Employees should be able to move jobs and use the skills they have developed. Clients also have a choice about who they work with. Paying for someone’s training should not give an employer an indefinite hold over their career.

The practical question is whether small firms can protect legitimate business interests without an expensive legal battle. Clear, proportionate protections around confidential information and client solicitation would give owners more confidence to invest.

I wouldn’t assume a ban will damage growth. Easier recruitment and new businesses could benefit the economy too. The det
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Samuel Mather-HolgateVerified
Managing Director & IFA at Mather and Murray Financial
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Non-compete clauses aren't there to punish ambitious employees. They're there to protect businesses that have spent years and considerable sums building something worth protecting.

You cannot expect a small business to invest thousands of pounds training someone, introduce them to valuable clients, then simply shrug when they walk out and take that business with them.

Employees absolutely deserve the freedom to progress, but employers deserve protection too. Sensible, time-limited non-compete clauses are essential, alongside enforceable contractual provisions allowing businesses to recover reasonable training costs when employees leave prematurely.

Otherwise, why would business owners take the risk? They'll simply invest less in recruitment, training and development.

The Government talks endlessly about growth, but growth requires investment and investment requires confidence. The financial burden cannot always fall on the business owner.
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Kate UnderwoodVerified
Founder & Chief People Strategist at Kate Underwood HR & Training
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Will a ban hurt small firms? Oh, absolutely. I've already had the conversation. A client of mine spent five years training a junior she genuinely rated. He left on a Friday. By Monday he'd rung her biggest clients and undercut her by 20%. Tea going cold, she said, "I trained my own competition." Not angry. Gutted. A big firm shrugs that off. A ten-person business can lose half its value overnight, and the owner's retirement with it. This isn't freeing talent. It's legalising the client heist. Owners aren't daft. Why train someone who can set up next door on Monday? They'll stop, and the school leaver gets the door. Right, the fix. No outright ban. Exempt firms under 50 staff. Ban them for lower earners, keep them for senior client-facing roles. Free the receptionist, not the rainmaker. And if we fund your training and you leave within a year, pay some back. Back the start-ups, yep. Just don't punish the people who trained them.
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Paul DenleyVerified
CEO at Oakham Wealth Management
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Non competes mostly protect larger firms with the legal budgets to enforce them. For small businesses and individual professionals, they're a barrier to competition, not a safeguard.

That said, an outright ban may go too far. A cap of around three months would give a firm fair time to make its case to clients before a departing professional can compete.

If a firm can't persuade clients to stay in that time, it doesn't deserve to keep them. Often the reason a professional leaves is the same reason clients want to follow: service standards slipping, or fees rising after private equity driven consolidation.

Clients aren't assets to be locked in. Making it hard for them to move with the person they trust can't be right, and genuine competition is good for growth.
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Nouran MoustafaVerified
Practice Principal & IFA at Roxton Wealth
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Labour keeps talking about economic growth while proposing policies that could actively discourage the very investment needed to achieve it.

Why would a small business spend years and thousands recruiting, training and developing talented people if those employees could leave, set up in direct competition and walk away with the clients the business worked so hard to acquire?

The unintended consequence could be disastrous. Employers may become reluctant to recruit ambitious talent, invest in training or share valuable commercial knowledge. Is that really how we intend to grow Britain's economy?

Employees absolutely deserve career freedom, but freedom shouldn't come at the expense of another business's survival.

There's a difference between leaving your employer to build your own future and using your employer's investment to dismantle theirs.

Labour needs to learn that protecting workers and protecting businesses are not opposing objectives.
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Tony RedondoVerified
Founder at Cosmos Currency Exchange
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This issue is a fundamental clash between worker mobility and business protection, and the rules must be nuanced, fair and equitable. An outright ban is unfair to employers who invest in recruitment, training and client acquisition but employees must keep their right to earn a living. A ban would backfire: why invest in talent if competitors can simply poach it? In small professional services firms, client relationships drive valuation. Lose key staff with their clients and value falls, succession stalls and long-term capital walks. Proponents argue non-competes stifle innovation, suppress wages and limit entrepreneurship, and that NDAs and non-solicits already protect employers. Fair points but not a case for a blanket ban. The answer is middle ground: limit non-competes to high earners, cap the duration, or require paid garden leave. That takes legislators with real-world business experience.
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Thomas BoughtonVerified
Founder at Artillium Real Estate Finance
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I was once ‘locked into’ a two-year non-compete by my previous firm. I understand why businesses want to protect their interests, but in client-facing industries like mortgages, restrictions can come at the expense of client choice. Ultimately, clients should be free to choose who arranges their mortgage or remortgage, even if that means following a broker who has left a firm. If non-competes are removed, firms must earn their clients’ loyalty by demonstrating genuine value, rather than relying on contractual restrictions. Greater competition drives better service, higher standards and less complacency. Client loyalty should be earned, not enforced.