Non-compete clauses for pharmacists and clinicians

What a non-compete clause looks like

A typical clause says you must not, for a number of months after leaving, "be engaged or concerned in" a business which competes with the employer within a set distance of your workplace. Healthcare versions often name pharmacies, clinics or practices within a radius in miles. Some name every branch you worked at in the last year, which widens the area a great deal for staff who cover several sites.

Read the defined terms at the start of the contract. Words such as "Restricted Business", "Restricted Area" and "Relevant Period" decide what the clause covers.

When a court enforces one

A non-compete clause is harder for an employer to defend than a non-solicitation or non-dealing clause, because the clause stops all competing work rather than contact with named people. Courts tend to ask whether a narrower clause would have protected the business. Factors include:

• your seniority and access to confidential information, such as NHS contract terms or pricing
• how long the confidential information stays useful
• whether the radius matches where your patients live
• whether the clause blocks clinical roles unrelated to your old job
• whether the employer paid anything extra for the restriction

The Acas guide to terms restricting a worker's actions (opens another website) says employers will not usually be able to enforce covenants unless they are clear, specific and time-restricted. For the general rules shared by every covenant, read restrictive covenants.

A pharmacy example

Say a pharmacist manager's contract bans work at any pharmacy within 5 miles of "any branch of the Company" for 12 months. The company runs 40 branches across a county. The pharmacist plans to take a locum shift at a hospital pharmacy 3 miles away. An adviser would likely ask whether a hospital dispensary competes with a community chain at all, and whether a county-wide ban protects more than the manager's own patient base. The answer depends on the facts, so the pharmacist books advice before accepting the shifts.

Where reform stands

On 26 November 2025, the government published a working paper on options for reform (opens another website). The paper discussed:

• a statutory limit on length, with 3 months as the main example
• an outright ban on non-competes in employment contracts
• a ban for workers earning below a salary threshold
• a mix of a salary threshold ban with a length limit for higher earners

Views closed on 18 February 2026. The government has not announced a decision or published a bill. These are proposals, not law. The paper also confirms a 3 month limit announced by the previous government on 10 May 2023 never went ahead. Until any new law starts, the common law test above applies.

Before you sign a new contract

1. Ask for the clause in writing before you resign from your current job.
2. Ask the employer to cut the length, shrink the area to your own site, or limit the activity to your actual role.
3. Ask for any change in a signed letter or a new contract version.
4. Check the clause does not restart when you change role or site.

See contract review for the full checklist.

If you receive a warning letter

Former employers sometimes write to remind you of a covenant, or to your new employer. Do not ignore the letter, and do not reply in detail without advice. Keep the letter, note the date of arrival and any deadline, and book advice. Some disputes move to court quickly, and an injunction can stop you working while the case runs.

Questions to ask an adviser

• Which legitimate interest does the employer rely on for my role?
• Would a non-solicitation clause alone have protected the business?
• Does the restricted area include every branch or only my own?
• Does my new job count as "competing" under the defined terms?
• Did my notice period or garden leave reduce the restriction?

Where to get advice

• An employment solicitor: for a view on enforceability and a reply to any letter.
• Your union or professional body: the PDA (opens another website) for pharmacists, the BMA (opens another website) for doctors, the RCN (opens another website) for nurses.
• Acas: 0300 123 1100, weekdays 8am to 6pm.
• Citizens Advice: free general help with contract problems.
• Northern Ireland: Labour Relations Agency, 03300 555 300.