parent ending contract sooner

[Bumblez]

Hi everyone! I have just joined so I hope I am doing this right?

I need urgent advice! I look after twins and collect and take their elder bro to school. Unfortunatly I am now unable to collect from school as the road is completely closed my end for 7 weeks due to road works, so to collect I would have to drive 13 miles round trip and would be extremly late picking my own up. Parent has just contacted me (on a Saterday so cannot get advice from my insurace company) to say that she has found alternative care and is ending the contract in 2 weeks! I have a 4 week policy to end contracts! I had also taken a deposit before they all started, which states in my policy that this will be returned on satisfactory termination of the contract after the first 6 months (due to time waters in the past) where do I stand with all this? I am thinking she is within her right to end so soon as I cannot continue with the eldest child although I can still care for the twins. I wish I could get out of the whole thing and just end the contract altogether. Please help :(

[blue bear]

I really don't know just bumping your post for others to answer.

[Erika]

What you can do in these circumstances depends on what is in the contract and how many contracts you have in relation to her children.

If the contract is for all children and the contract either stipulates picking up the eldest child (an express term of the contract) or you are paid for the period covering the collection (an implied term of the contract), there isn't anything that you can do, as you are no longer able to fulfil the contract. You cannot hold a person to a notice period in an agreement which you are unable to deliver on.

If you do have seperate contracts for her children, then the same would apply to the contract for the eldest child, but would not apply to the other contracts which you are able to fulfil - she would have to give you appropriate notice for those contracts.

[sarah707]

As Erika says you need to go back to your contracts and see what they say.

Explain to parents that you need to take legal advice and you will get back to them on Monday.

Hth :D

[miffy]

If you want to cut and run then fine accept the two weeks notice but it seems a bit unfair for you to lose out on the twins because you can't take e elder child to school due to the roadworks.

Like the others I agree much depends on what is written in your contracts but as far as the older child is concerned as you can no longer provide the service then I don't think you could expect parent to serve the notice period.

Miffy xx

[rickysmiths]

If she and you are happy with the care of the twins then would it not be possible to find an alternative for the old one for the time thew road is closed? It seems a bit extreme to terminate the whole contract for something beyond your control, though surely you had lots of warning of a closure of this nature unless it is due to and emergency unavoidable damage to the road.

Or does it mean the parents will have a longer journey to get to you as well.

I am surprised that a 13 mile detour is an acceptable road closure with no access as well. There must be other people affected by this. Is the school you take the child to not affected with regard to other parents and minders having problems?