Non compete clause 19 July 2022 at 4:31AM in Employment, jobseeking & training 5 replies 424 views

DHUT

Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?

SiliconChip

It's an interesting question, in general under 18s cannot be held to contracts themselves, but I suspect that may well not be the case for contracts of employment. Whether the non-compete clause itself can be enforced will depend on how it's worded, partlicularly regarding the length of time and geographical cover. I wouldn't normally suggest it but this might be something that ACAS could advise on.

I'd be interested to know how an under 18 has gained enough job-specific knowledge to warrant a non-compete clause anyway.

Sandtree

DHUT said:

Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?

Potentially, whilst contracts are generally not binding for minors (under 18s) there are explicit exceptions such as those on education, employment, apprenticeships and "necessaries" (things like buying food, medicine, clothings, accommodation etc)

So their age certainly isn't a get out clause however more generally non-compete clauses can be struck out by the courts as too restrictive/unfair and so it really depends on the exact wording, their seniority, etc etc

NCC1701-A

DHUT said:

Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?

Appears to be enforceable for professional football players, maybe provide a bit more context like industry, range of non-compete clause.

TheSpiddalKid

Bear in mind as well that restrictive covenants in zero-hours contracts were made illegal a few years ago. If this may have any relevance.

Marcon

DHUT said:

Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?

Technically yes, but the sectors in which this might happen are limited. Very few under 18s will have any skills, technical knowledge or anything else which would make it worth the employer's while to try and enforce the clause.