Glossary
Notice period
A notice periodA notice period is the time that must run after a valid notice before termination, a price change or another named event takes effect. In England and Wales, a notice is construed as a reasonable recipient would read it: Mannai Investment Co Ltd v Eagle Star Life Assurance [1997] AC 749. Serve it in the form the notices clause requires.More in the glossary is the time that must run after a valid notice before termination, a price change or another named event takes effect. In England and Wales, a notice is construed as a reasonable recipient would read it: Mannai Investment Co Ltd v Eagle Star Life Assurance [1997] AC 749. Serve it in the form the notices clause requires.
Last updated 28 October 2026
retainerA retainer is an arrangement where a client pays a regular fee to secure a set amount of time or ongoing access to a supplier.More in the glossary live and die on notice. Thirty days to end for convenience is the usual freelance line. A cure period is a different clock: it is time to fix a breach, not time to leave. garden leaveGarden leave is a paid period after notice when the worker stays engaged and is told not to work or contact clients. It is common in employment and can be written into a contractor paper. It is not a free-standing restraint. Pair it with a narrow non-compete. Tillman v Egon Zehnder Ltd [2019] UKSC 32 is the modern restraint case.More in the glossary, pay in lieu, and “on the anniversary” auto-renewals all hang on when a notice is served and when it expires.
We put service rules in /clauses/notices: email counts, the address, deemed service at 17:00 on a business day. Lex will date the notice from that moment, not from when someone happened to open it. A WhatsApp “we’re done” is not a notice unless the clause says so.
When does a notice start to run?
From deemed service, not from the date typed at the top. If the clause says email is served on the next business day, a Friday night send starts Monday. Mannai says the notice is read as a reasonable recipient would read it: a wrong date that still makes the intention clear can survive. A notice sent to the wrong legal entity does not.
Can we pay in lieu of notice?
Only if the contract says so, or if both sides agree a paid early exit. Paying in lieu ends the relationship on the payment date; it does not keep garden leave running unless you write that. For a contractor, pay in lieu is a fee calculation, not an employment concept.
What if the notice is served on the wrong address?
It may be invalid. The notices clause is there so nobody has to guess. Keep the email and the postal address current; a variation or a simple written update should be enough. Serving the old freelancer’s Gmail after they novationNovation replaces one contract with a new contract, swapping in a new party and releasing an old one. In England and Wales it needs the consent of everyone involved: outgoing, incoming and remaining. Unlike assignment, novation can move obligations as well as rights, because the original deal is discharged.More in the glossary to a company is how a termination misses.
How is this different from a cure period?
A notice period is the time before an event — usually termination for convenience — takes effect. A cure period is time to fix a breach before termination for cause. Do not use one phrase for both clocks.
A worked example
A monthly retainer says either party may terminate for convenience on 30 days’ written notice, served by email, deemed given the next business day. On Thursday 2 April the client emails notice. Deemed service is Friday 3 April. The 30 days run from then. The last day of the retainer is 3 May. The studio diaries that date and does not treat the Thursday email as instant termination.
How it shows up in a contract
Sample wording · our own drafting
A notice under this agreement must be in writing and sent to the email address in the Parties section. A notice is deemed served at 17:00 on the next Business Day after it is sent, if no bounce is received. A notice period starts on deemed service. A notice is valid if a reasonable recipient would understand its intention, even if a date is mistyped.
In Plain English
Send notices by email to the address on the first page. They count from 5pm the next working day, if they did not bounce. The countdown starts then. A mistyped date does not kill a notice that is otherwise clear.
Common mistakes
- Treating a chat message as notice when the clause requires email or a signed letter.
- Counting the period from the date on the letter, not from deemed service.
- Using “notice period” for both convenience termination and a cure period.
- Serving the old email after a novation changed the legal name.
Frequently asked questions
What is a notice period?
The time that must run after a valid notice before termination or another named event takes effect.
When does a notice start to run?
From deemed service under the notices clause, not from the date typed at the top. Mannai [1997] AC 749 is how the words are read.
Can we pay in lieu of notice?
Only if the contract says so, or both sides agree. Paying in lieu ends the relationship on the payment date unless you also write garden leave.
What if the notice is served on the wrong address?
It may be invalid. Use the address in the notices clause and keep it current. See /clauses/notices.
Related
Related clauses and templates
The legal wording governsLast reviewed 28 October 2026Pending lawyer review