The decision to leave your current gym or employer can feel like stepping into the unknown. Whether you’re a personal trainer, physiotherapist, or osteopath, the fear of restrictive contracts and potential legal repercussions can hold you back.
But here’s the truth: you have rights—and so do your clients. Armed with the right information and a calm, professional approach, you can navigate this transition confidently and build a thriving practice on your terms.
Why Practitioners Hesitate to Leave
The health and wellness industry is built on relationships. Employers know this, which is why many include restrictive covenants in contracts to protect their business interests.
Restrictive clauses, such as non-compete and non-solicitation agreements, aim to prevent practitioners from "taking clients" or setting up competing practices nearby. But these clauses often overreach, leaving practitioners feeling trapped—even when they’re ready to move on.
In the UK, these restrictions must be reasonable to be enforceable. For example, a non-compete clause that bars you from working within a 10-mile radius for two years is unlikely to hold up in court. Still, the prospect of receiving a legal letter can feel daunting, and many practitioners pause before making their next move.
Understanding Restrictive Covenants
Restrictive covenants are designed to safeguard an employer's interests, but they must be fair and reasonable. Here are the most common types:
- Non-Compete Clauses: Restricting you from working within a certain radius or market for a defined period.
- Non-Solicitation Clauses: Preventing you from contacting former clients to encourage them to switch providers.
- Confidentiality Agreements: Prohibiting the use of sensitive business information or protocols.
Under UK law, these restrictions are enforceable only if they protect legitimate business interests, are not excessive in scope or duration, and do not unfairly limit your ability to work.
Want to learn more about restrictive covenants? Your Legal Toolkit: Defending Against Restrictive Covenants.
You're in a Better Position Than You Think
If you’ve received a legal letter or are worrying about restrictive covenants in your contract, it’s natural to feel unsure about your options. The reality, however, is that UK courts often lean towards fairness and practicality, especially in industries like health and wellness, where client relationships are deeply personal.
Here’s why many practitioners find they’re on stronger footing than they initially think:
1. Client Choice Is Paramount
Clients choose you because of your expertise, trust, and the results you deliver—not because of the gym or practice you were affiliated with. This is especially true in health and wellness, where continuity of care and a practitioner’s specialised skills make all the difference.
Courts recognise the importance of client autonomy. Unless you actively poached clients (e.g., through unsolicited outreach), your former employer will struggle to prove that their business suffered a direct loss due to your departure. Many clients may not have continued services with anyone else at your old practice, making the "loss of business" argument hard to sustain.
2. Location Logic Works in Your Favour
Healthcare and wellness needs are often influenced by convenience and geography. If your new practice is located in a different area or serves a distinct population, it’s easier to demonstrate that you aren’t competing directly with your former employer.
For example, moving to a different area of the city or operating within a different niche shows you’re respecting professional boundaries. Courts take a practical view—if your location makes you less of a competitor, this strengthens your position.
3. The Personal Nature of Wellness Services
Health and wellness relationships are unique. Clients may have chosen you because of your specialised expertise, your understanding of their condition, or simply the trust you’ve built over time. This relationship cannot be easily replicated, and courts know this.
Restrictive clauses that interfere with treatment continuity often fail because they prioritise business interests over client wellbeing. Highlighting your unique role in your clients' progress can help show that your practice supports—not disrupts—their health journey.
4. Courts Often Favour Reasonable Competition
UK courts exist to uphold fairness and maintain public access to essential services, including health and wellness. Overly broad or restrictive covenants that hinder professionals from practicing their trade or limit client choice are unlikely to stand.
For your former employer to succeed, they would need to prove:
- That their restrictions are reasonable and proportionate.
- That your actions caused measurable harm to their business.
- That public or client interests were not harmed by the restrictions.
This is a high bar to meet. In most cases, courts favour enabling professionals to work and compete fairly while protecting clients' rights to choose their provider.
5. Public and Client Interests Are Key
The legal system understands the importance of continuity in health and wellness care. If breaking client relationships would negatively impact outcomes—for example, disrupting a physiotherapy plan or halting progress in personal training—this often overrides restrictive covenants.
When public and client interests align with your right to work, courts are more likely to support a resolution that benefits everyone.
First Steps When Facing a Cease and Desist Letter
If your employer challenges your decision to leave, here’s how to respond effectively:
- Stay Calm: A cease-and-desist letter is often the first move in a negotiation. It does not mean you’re in immediate legal trouble.
- Review Your Contract: Focus on the duration, geographic scope, and specific activities restricted. Note any terms that seem excessive or vague.
- Gather Evidence:
- Save communications showing clients initiated contact with you.
- Document your new practice location relative to your old gym.
- Maintain records of how you acquire new clients.
- Seek Legal Advice: A solicitor experienced in employment or contract law can help you craft a strong response and clarify your position.
The Bigger Picture: Empowering Your Career
Leaving a gym or employer can be a growth moment. While it’s natural to feel nervous, it’s also an opportunity to take control of your career. Practitioners who navigate this process successfully often come out stronger, with:
- Better client documentation systems.
- Clearer professional boundaries.
- A more robust and independent business model.
Key Takeaway
Your clients trust you for a reason. Their loyalty, combined with your professionalism and preparedness, can help you move forward confidently. Restrictive covenants are not the final word, and with the right approach, you can protect both your career and your clients.
Ready to take the next step? Timeline: Your First Steps When Facing a Cease and Desist Letter.
