VIEWPOINT: Long Non-Compete Clauses Unfairly Victimise Older Employees

by Maritime Recruitment Company Limited
Wednesday July 9, 2025

Three years ago, I wrote about the need for both employers and employees in this industry to act with integrity when parting ways. 

It will not do an employee any favours to get a reputation as a bad leaver. And it will not help an employer attract the best talent if, much like an abusive partner, they get a name for trying to crush people if they ever dare want to leave.

However, crushing careers and future livelihoods is often the case when employers decide to implement them ruthlessly on more mature employees.

By mature I mean people like me who remember Nadia Comăneci get her perfect scores at the gymnastic events at the 1976 Olympics in Montreal or McEnroe's first ever Wimbledon Championship win when he defeated Borg in 1981!

For mature employees, (and by employees, I am particularly talking about traders here), career routes do get more limited. Though illegal, age discrimination does exist in this industry, overtly or subtly, and this makes finding jobs harder for those of us who have seen more summers than most.

A lengthy non-compete exacerbates this by forcing traders out.

When this happens, networks often disappear along with possible future options.

Those sitting on offers can also see offers withdrawn as the potential new employer may decide they cannot wait and find someone else.

Those that are older have less time to make up for this loss of time and careers are ruined, sometimes inadvertently, but on occasion, deliberately and callously by those they currently serve.

I understand that non-competes are needed to protect a business from unscrupulous employees.  However, for well-experienced individuals who have behaved impeccably and feel that it is time to move on, surely agreements can be reached concerning codes of behaviour in a civil manner?

As a head-hunter I have seen extremes. Some employers I know go out of their way to damage people for wanting to move. Others go the other way and hold small farewell parties for those who leave to thank them for their service and make that trader know they are welcome back at any time.

What do you think is the better way ?

I think some regulations need updating making time spans for these clauses shorter, and the breadth narrower.

Being decent and magnanimous in these situations is not that hard. Or is it?