Non-compete, notice and garden leave in UK sales jobs: what to check
General information, not legal advice. For your own contract, ask ACAS or a solicitor.
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Four clauses that get mixed up
- Notice period. How long you work, or stay on the payroll, after you resign.
- Garden leave. Your employer asks you to stay away from work for all or part of your notice. You stay on the payroll.
- Non-compete. A limit on working for a competitor after you leave.
- Non-solicit. A limit on approaching your old employer's clients or colleagues.
Sprintlaw describes garden leave as time away from work in your notice period. The employee "is asked or required to stay away from work". It applies only if it is "expressly included in the employee's contract". You stay on normal salary, with pension and holiday accrual. You usually cannot start with a competitor until it ends.
Garden leave can last all or part of your notice. It cannot exceed it unless both sides agree.
What a sales contract usually restricts
Sales clauses tend to name three things:
- Clients you dealt with in your last months.
- The territory or vertical you covered.
- Named competitors.
Read each one against your real job. A rule that covers every client of the company is wider than the accounts you worked.
The test a court applies today
The working paper says a non-compete is "unenforceable, unless the employer can demonstrate it is reasonable". It also says a clause must be reasonable "to protect a legitimate business interest". The paper says around 5 million employees in Great Britain have a non-compete clause.
Courts look at what the clause protects and how wide it is. A short, narrow clause is easier to defend than a long, broad one.
What the government has said, with dates
26 November 2025: the government published a working paper on non-competes. Baker McKenzie lists the options. They include a standard limit on duration and a ban for everyone. They also include a ban for lower-paid workers. Another option is a ban below a salary threshold plus a three-month limit. Responses were due by 18 February 2026.
9 October 2026: Gibson Dunn's client alert reports a speech by the Prime Minister. He spoke at the Innovation Nation Summit in Manchester. He said the government "will legislate to curb the use of non-compete clauses". The alert says the government has not committed to an outright ban. Possible reforms listed: a cap on duration, a salary threshold, pay during the restriction. The government will also look at notice periods. The alert says there is no statutory maximum today.
Gibson Dunn calls the announcement light on specifics. It expects more detail in the coming weeks. It says this is reportedly alongside the Autumn Budget on 28 October 2026. It treats that date as reported, not confirmed.
The alert describes proposals only. Your contract applies as written until a law passes.
What is typical
SeedLegals analysed 40,000+ employment agreements made on its platform. Its customers are early-stage UK startups, so this does not show what larger employers use. In that sample:
| Term | Most common | Also seen |
|---|---|---|
| Notice period | One month | Two and three months |
| Non-compete | Three months | Six and twelve months |
| Garden leave | One month | Not stated |
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Before you sign
- Ask for the full contract, not only the offer letter.
- Find the notice period and whether the employer can put you on garden leave.
- Check the length of any non-compete, and whether it starts after garden leave ends.
- Read the list of clients, territory and competitors.
- Ask whether you are paid during a post-employment restriction.
- Use the offer letter checklist for the other terms.
- Run the pay side through the compare offers calculator.
If a clause worries you, raise it before you sign. The counter offer email guide shows how to ask for a change in writing.
When you resign
Read the notice clause, the garden leave clause and the restrictions before you hand in notice. Then follow the steps in resigning from a sales job.
Commission during garden leave
Sprintlaw's garden leave page does not cover bonus or commission. So the answer sits in your commission plan. Look for how the plan treats a leaver, and whether garden leave counts as employment. Ask your manager for the answer in writing. A vague reply is a reason to get advice. If your plan has clawbacks, read commission clawback in the UK too.
Where to get help
ACAS runs a helpline. A solicitor can read your contract and tell you whether a clause holds. Do this before you sign if the restriction is long or covers your whole market.
Sources
- Gibson Dunn client alert, 9 October 2026
- Baker McKenzie, 1 December 2025
- GOV.UK working paper on non-compete reform
- SeedLegals, UK startup notice and non-compete terms
- Sprintlaw, gardening leave
Questions
Do I get commission on garden leave?
Check how your commission plan treats a leaver, and whether garden leave counts as employment. Get the answer in writing.
Can my employer put me on garden leave?
Only if your contract says so. Sprintlaw says the clause must be expressly included. Check the clause for a maximum length.
Is a non-compete in a UK sales contract enforceable?
The government's working paper says it is unenforceable unless the employer shows it is reasonable. A solicitor can tell you how that applies to your clause.
Will the law change?
On 9 October 2026 the Prime Minister said the government will legislate to curb non-competes. Gibson Dunn says details are expected in the coming weeks. Until a law passes, your contract applies as written.
Related guides
Resigning from a sales job
Notice, unpaid commission and counter offers.
Sales offer letter checklist
Twelve things to check before you sign.
Offer comparison calculator
Two or three offers side by side, with year-one pay for each.
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