View Full Version : non payment advice please

12-04-2012, 06:20 AM
I had to stop having a child because of violent behaviour that got out of hand where child hurt me this was ongoing behaviour and the final straw. The parent is refusing to pay for the last 4 weeks of childcare as she says we broke our contract . Any advice welcome

12-04-2012, 06:34 AM
Could you tell us what contract you use please?

I'm afraid I'm just dashing off for a hospital appointment so haven't got time to help but this info will save time for others who can advise you.

12-04-2012, 06:45 AM
It totally depends on what it says in your contracts and policies.

If you have written your own policy / contract and it says somewhere that you reserve the right to terminate the contract immediately for this kind of behaviour and want your money then you have covered yourself.

If you use NCMA contracts you should ring them for advice.

I hope you are ok xx

blue bear
12-04-2012, 07:34 AM
Did you actually work the last 4 weeks of childcare parent is refusing to pay?

The Juggler
12-04-2012, 08:15 AM
you can't charge hon sorry :( you are entitlted to stop working but you have, in effect, given immediate notice by doing so (rather than giving her 4 weeks notice) so you have not broken the contract but ended it with immediate effect. Unless, as Sarah says you have specifically made them aware you might do this but still charge a notice period.


12-04-2012, 03:36 PM
If you use the NCMA Contracts you are allowed to terminate with immediate effect if a parent or child's behaviour threatens you, your family, your mindees or their families. In theses circumstances yes the parent has to pay four weeks fees in lieu of the notice period.

All you have to be able to demonstrate is that if this has been the last straw, what have you done to change the pattern of behaviour, how have you worked with the parents to try an improve the behaviour? If you can demonstrate this then you can terminate immediately.

I think it is note 25 on the back of page three of the NCMA contracts that explains it all.

I don't know about the MM ones I have never used them.

12-04-2012, 04:10 PM
I did work last 4 weeks and am not asking for any notice money as things became to difficult and I couldn't carry on caring for this child. I use Mm contracts. It does say that we would give 7 days notice if we are cancelling contract but things just got too bad and we had tried talking to mum on many occasions, she is saying we breached our contact so she does not need to pay. Does anyone have a template letter I could use to send to parent as Mm say this is the next step even though we have sent invoice twicw already. any help gratefully recieved

12-04-2012, 04:24 PM
What a horrible situation to find yourself in.

If MM are asking you to send a letter then I think they should guide you as to what to put in it. I'd ring back and ask them.

Miffy xx

The Juggler
12-04-2012, 09:47 PM
sorry hon, so the 4 weeks she owes you is for care already provided - then yes she DOES have to pay this regardless of whether you broke or terminate the contract.

Follow up with MM or NCMA.

Ricky I don't think the clause with NCMA is right hon in terms of paying the notice. I terminated with immediate effect using the clause in the NCMA contract. You CAN terminate but you can't ask for notice payment. Or at least that's what they told me back in 2006. :(