Does the UK’s legal regime of non-compete clauses in employment contracts have anything to learn from its Belgian counterpart ? A comparative analysis in the light of enforceability requirements and court implementation

Non-compete clauses in employment contracts do not cease to generate an interest across common law jurisdictions, in view of the increasing evidence of their negative effects for the economy. In the UK, it was recently thought to remove them altogether from the legal scenery. While this idea was not retained, other reforms might come in the future. It is suggested that the elaborate Belgian regime in this field could serve as an example. This essay attempts to analyse and compare the UK’s legal regime of non-compete clauses in the employment context with its equivalent in Belgium, with the purpose of highlighting best practices the UK should aspire to.