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Non-Solicitation Agreement for UK Agencys
If you run a UK agency, an agency non-solicitation agreement uk is one of the most practical documents you can have in place. Whether you're protecting your client relationships from departing staff, or stopping a former contractor from poaching your team, a well-drafted non-solicitation clause does real work. The problem is that most agencies either skip it entirely, bolt a vague clause onto an employment contract, or copy a template that won't hold up under English law. Non-solicitation agreements in the UK sit within the law of restraint of trade. Courts will not enforce them if they're too broad, too long, or not tied to a legitimate business interest. That means the wording matters. Atornee lets you draft a non-solicitation agreement tailored to your agency's specific situation — your client base, your team structure, your risk — without paying solicitor rates for a first draft. You still get something legally coherent, and you'll know exactly when you need a solicitor to review it before signing.
Why this matters
The Atornee approach
What you get
Before you sign checklist
FAQ
Are non-solicitation agreements enforceable in the UK?
Yes, but only if they're reasonable. UK courts treat non-solicitation clauses as restraints of trade, which means they'll only enforce them if they protect a legitimate business interest and go no further than necessary. Too broad a scope, too long a duration, or no clear business interest to protect and a court will strike the clause out entirely. Getting the drafting right matters more than just having something signed.
What's the difference between a non-solicitation and a non-compete clause?
A non-compete stops someone from working in a competing business altogether. A non-solicitation is narrower — it stops them from approaching your specific clients or staff. Non-solicitation clauses are generally easier to enforce in the UK because they're less restrictive on someone's ability to earn a living. For most agencies, a well-drafted non-solicitation clause gives you the protection you actually need without the enforceability risk of a broad non-compete.
Can I use a non-solicitation agreement with contractors as well as employees?
Yes, but the legal context is different. With employees, non-solicitation clauses sit within employment law and the implied duty of good faith. With contractors, you're working in pure contract law. The clause still needs to be reasonable to be enforceable, but you have more flexibility in how you structure it. Atornee handles both contexts, but if a contractor relationship is complex or high-value, a solicitor review is worth it.
How long should a non-solicitation restriction last for an agency?
UK courts have generally accepted 6–12 months as reasonable for most agency roles. Longer periods are possible but need to be justified by the seniority of the role, the depth of the client relationship, or the sensitivity of the information involved. Going beyond 12 months without strong justification increases the risk a court would refuse to enforce it. Be realistic about what you actually need rather than defaulting to the longest period you can think of.
Do I need a solicitor to draft a non-solicitation agreement?
Not necessarily for a first draft. For straightforward situations — a standard employee leaving, protecting a defined client list — an AI-drafted agreement from Atornee gives you a legally coherent starting point. Where you should involve a solicitor is when the stakes are high: a senior hire with access to your entire client base, a contractor who knows your pricing and strategy, or any situation where you're likely to actually need to enforce it. In those cases, a solicitor review of the Atornee draft is a sensible and cost-effective step.
Can a non-solicitation agreement protect against staff poaching as well as client poaching?
Yes. You can include clauses covering both client solicitation and employee solicitation in the same agreement. Staff poaching clauses stop a former employee or contractor from recruiting your team after they leave. These are also subject to the reasonableness test under UK law, so they need to be scoped to specific individuals or roles rather than a blanket ban on hiring anyone who ever worked at your agency.
Related Atornee Guides
Cheap Contract Solicitor Alternative (UK)
Useful context for agencies weighing up AI drafting versus instructing a solicitor for contract work.
Cheap Solicitor for NDA (UK)
Pair with a non-solicitation agreement when you also need to protect confidential information shared with staff or contractors.
Atornee Use Cases
See how other UK agency founders and business owners use Atornee across different contract and legal document workflows.
External References
GOV.UK Business and Self-employed
Official UK government guidance on business operations, employment, and commercial relationships.
UK Legislation
Primary statutory reference for UK contract law and the legal framework governing restraint of trade clauses.
ICO Guidance for Organisations
Relevant where non-solicitation agreements involve handling personal data about clients or staff under UK GDPR.
Trust & Verification Policy
Authored By
Atornee Editorial Team
UK Contract Research
Reviewed By
Compliance Review Desk
UK Business Legal Content QA
"This content is based on analysis of UK restraint of trade case law and common drafting patterns in agency employment and contractor agreements. It reflects the practical questions UK agency founders ask when protecting client and staff relationships."
References & Sources
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