Non-poaching clauses and former colleagues

Short answer

A non-poaching clause, which Acas calls an anti-poaching clause, stops you encouraging former colleagues to leave and join you for a set period after your job ends. A court will usually enforce one only if the wording is clear, specific and limited in time, and protects a real business interest.

A colleague who applies to your new employer on their own initiative is a different situation from you approaching them. Read the exact verbs in your clause before you act.

Key facts

What the clause is: A restrictive covenant in an employment contract. Acas describes anti-poaching as "preventing employees from encouraging others to leave with them".
Who the clause binds: Employees. Acas says restrictive covenants are not usually used for agency, casual or zero-hours workers.
Enforceability: Usually enforceable only when clear, specific and time-restricted (Acas). A court also asks whether the restriction goes further than needed to protect the employer.
If you breach the clause: Your former employer can take you to court (GOV.UK), for example to ask for an order to stop the conduct or for damages.

Read the wording first

Non-poaching clauses sit alongside other post-employment restrictions such as non-compete clauses, non-solicitation of clients or patients and non-dealing clauses. Each one restricts something different, so the label on the clause tells you less than the words inside.

Look for four things in the clause:

The people covered. Some clauses name every member of staff. Others cover only people you managed or worked with closely in a set period before you left, or staff above a certain grade.
The conduct banned. "Solicit" or "entice" means taking active steps to persuade someone. A clause banning you from "employing or engaging" former colleagues goes further, because the clause can catch a hire even when the colleague approached you.
The time period. The restriction runs for a stated number of months from the date your employment ends. Some contracts reduce the period by any time spent on garden leave.
Who you act for. Many clauses cover recruiting on your own behalf and on behalf of a new employer or agency.

When a court enforces the clause

Courts start from the view an employer should not stop people working or changing jobs without good reason. An employer has a recognised interest in keeping a stable workforce, so a non-poaching clause is often treated as easier to defend than a broad non-compete. Even so, the clause has to be reasonable at the date you signed the contract.

A clause covering every employee across a national pharmacy chain, including staff you never met, is harder to justify than one limited to your own team. A long restriction for a junior role is harder to defend than a short one for a senior manager who knew the whole team's pay and plans. These are general points. The outcome turns on the facts, which is why an adviser needs to see the full contract.

Separate duties apply whatever the clause says. Staff lists, rotas, contact details and pay data belong to your employer and contain personal data. Taking them when you leave raises confidentiality and data protection problems in their own right.

A pharmacy example

Say a community pharmacy manager moves to a rival group. Two weeks later a dispenser from the old branch messages to ask about vacancies. The manager's contract bans soliciting any employee they managed in the final 12 months, for six months after leaving.

Pointing the dispenser to the new employer's public job advert is a different act from offering better pay to persuade them to resign. If the clause also bans "employing" those staff, the manager's involvement in the hiring decision becomes the risk. The manager asks an adviser before replying, keeps the reply short, and steps out of the recruitment decision.

Steps to take before you recruit

Find your signed contract and any later variation, bonus scheme or share agreement. Restrictions sometimes sit in those documents too.
Write down the end date of your employment and work out when the restriction expires.
Tell your new employer about the clause in writing. Ask the recruiting manager to handle approaches from your old team without you.
Keep a note of any approach a former colleague makes to you, with the date and what was said.
Do not take or forward staff lists, rotas or contact details from your old workplace.
Get advice before you reply to a colleague if the clause uses broad words such as "employ", "engage" or "deal with".

Questions to ask an adviser

Which colleagues does the clause cover, and for how long?
Does the clause ban only active approaches, or hiring as well?
Is the restriction wider than my old employer needs, given my role and the size of the team?
Does time on garden leave count towards the restriction period?
What do I say to a former colleague who contacts me first?
Does my new employer's recruitment process put me at risk?

Where to get advice

Acas helpline: free, confidential information on employment rights. Call 0300 123 1100. See our Acas guide.
Your union or professional body: the Pharmacists' Defence Association, the BMA for doctors and the RCN for nurses advise members on contract terms.
Citizens Advice: general help with employment problems. See Citizens Advice for work problems.
An employment solicitor: for a letter threatening court action or a clause with high stakes. A solicitor gives advice on your specific contract.

Before an appointment, read how to prepare for legal advice and our wider guide to restrictive covenants.

Common questions

Can my old employer stop me hiring former colleagues?

Only if your contract contains a valid restriction and the restriction is reasonable. Without a clause, former colleagues are free to apply to your new employer and you are free to tell them about public vacancies, as long as you do not misuse confidential information.

Are non-poaching clauses enforceable in the UK?

Some are. Acas says employers usually cannot enforce restrictive covenants unless they are clear, specific and time-restricted. A court also checks the clause protects a real business interest and goes no further than needed.

What if a former colleague contacts me first?

A colleague approaching you is different from you soliciting them. Check if your clause also bans "employing" or "engaging" staff, because those words can cover a hire even when the colleague made the first move.

Does a non-poaching clause apply to locums and agency staff?

Acas says restrictive covenants are generally used in employee contracts and not usually for agency, casual or zero-hours workers. A self-employed locum agreement may contain its own commercial restriction, so read the terms you signed.