These need to be clear and unambiguous. Where there is a limited market for specialised skill sets, such as the rail industry, the non-compete requirements need to be drafted in a way which still allows the former employee to be employed elsewhere. The restrictions need to be reasonable and proportionate, both in location and time. Often this can be achieved by the employer and employee agreeing a set of undertakings around the time of the employee's departure. However, it is important that the undertakings are clear and unambiguous, as the courts will generally be unwilling to find in favour of the employer if there is any doubt as to what the undertakings covered, whether that be working for a particular company or in a particular area. This situation was recently highlighted in the case of Affinity Workforce Solutions Ltd v McCann and others.
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