How enforceable are non-compete clauses in an employment contract?

A non-compete clause in an employment contract is one of the most common types of restrictive covenant. The difficulty with non-compete clauses, from an employer's point of view, is that as with any part of a contract of employment, employees have a number of statutory rights, regardless of what the contract says.

In such circumstances, if an employer wants to enforce a non-compete clause, they need to be able to convincingly prove in court that a non-compete clause is absolutely necessary to protect a 'legitimate business interest'. Simply proving that the employer will suffer from more competition will not suffice.

Furthermore, if a non-compete clause is found to be disproportionately