Vordex logo
Updated 2026United Kingdom
HomeServicesEmployee NDAs & Confidentiality: Moving Jobs Safely

Employee NDAs & Confidentiality: Moving Jobs Safely

Your skills belong to you. Their secrets belong to them.

Moving jobs does not mean wiping your memory. Learn where the line is drawn between your professional experience and a breach of confidence.

When you leave a job in the UK, you take your general skill and knowledge with you. Your employer cannot stop you from being good at your job for a competitor. However, they can stop you from taking trade secrets (like client lists, algorithms, or pricing formulas). The problem is that many employment NDAs try to claim your skills are their secrets.

Skill vs Secret Distinguishes know-how from IP
Whistleblower Safe Confirms statutory rights
Restrictive Covenant Checks non compete validity
Skill and experience stay with youTrade secrets stay protectedNon competes need reasonableness
If you are trying to work out how long confidentiality lasts after you leave, start with NDA duration and scope. If you are comparing an employment NDA to a mutual NDA, see mutual vs one way NDAs.

What can you take with you?

This is the fastest way to separate professional know how from confidential information. If you keep your move clean, most disputes lose oxygen.

You keep

General skill and knowledge

Your experience, techniques, and industry understanding are yours. An employer cannot own your competence.

OK to useKeep it general
Company keeps

Trade secrets and confidential materials

Client lists, pricing models, and internal roadmaps are protected. Trade Secrets Regs Taking documents or data is where clean exits become messy.

Do not takeScan clauses
What you can take with you when moving jobs in the UK
CategoryCan you take it?Examples
General Skill & KnowledgeYESHow to code in Python, how to manage a team, industry trends, sales techniques.
Trade SecretsNOThe specific algorithm you wrote, the unreleased product roadmap, the Coke recipe.
Memory OnlyCarefulClient phone numbers you memorised? Borderline. Written client lists? Definitely theft.
Public InfoYESAnything on their website or press releases.
Export to Sheets, then scan your contract for restrictive covenants.
Employment NDAs are almost always one way. That affects tone and scope. If you want a quick comparison, read mutual vs one way NDAs.

NDAs and Garden Leave

Often, high level employees are put on garden leave (paid to stay at home) during their notice period. This is where job switches go wrong.

The trap

You are still employed

During garden leave, you are technically still employed. Your duty of good faith is higher than a normal post termination NDA.

Notice periodHigher duty
The risk

Do not start the new job

Do not start your new job (or even set it up) while on garden leave. This is a breach of your employment contract, not just the NDA.

Contract breachTiming matters
If the contract has survival language or broad confidentiality definitions, it can sound like it lasts forever. It rarely does in practice. Use NDA duration and scope, then scan the clause wording.

Restrictive covenants: separate from confidentiality

A lot of job switch anxiety comes from mixing up three different things: confidentiality, non compete restrictions, and non solicit rules.

Confidentiality
Information you cannot take

This is about secrets and documents. It usually applies during the job and after termination.

Scope drivenFacts matter
Non compete
Where you can work

This is separate from an NDA. It must be reasonable and tied to a legitimate business interest. Gov.uk

Reasonableness testScan wording
Non solicit
Who you can contact

Often the practical battleground: clients, customers, and colleagues. It can be enforceable if drafted narrowly.

Client facing riskKeep records
Vordex action

Scan the employment contract before you commit

The goal is containment and clarity. Most damage happens when a situation drifts, communications escalate, and facts are not recorded. These steps are general, not a substitute for tailored legal advice.

Frequently asked questions

Short answers first, then context. If you want a tailored view, upload the contract and we will flag the clauses that drive risk.

Q: Can my new employer ask to see my old NDA?
A:

They should not. If you show them your old NDA, you might be disclosing confidential terms (like your previous salary or severance package) which breaches the old NDA. It is a catch-22. Tell them: I have standard confidentiality obligations, but I cannot share the document itself.

Q: My NDA says I can't work for any competitor for 12 months. Is that legal?
A:

That is a Non-Compete, not an NDA. In the UK, it is only enforceable if it is reasonable to protect a legitimate business interest. A 12-month blanket ban on any competitor is often considered too broad and unenforceable by UK courts, but you should scan it to be sure.

Q: Can an NDA stop whistleblowing in the UK?
A:

In many situations, no. UK whistleblowing protections can apply to disclosures made in the public interest to the right bodies. The route and recipient matter, so check the right channel before you disclose.

Related: Duration and scope * Mutual vs one way * NDA review guide