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Non compete clause
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DHUT
Posts: 3 Newbie
Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?
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Comments
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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.1
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DHUT said:Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?
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 etc0 -
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.0
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DHUT said:Can a restrictive trade/non compete clause in an employment contract be enforced for someone under 18?Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0
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