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haribo
13-07-2008, 04:19 PM
i need a little bit of help, but its a bit hard to explain, so here goes. been minding p since he was 12 months - 2 years come sept. last sept mum went on mat leave. had lo in nov. i made out a new contract, charging for 2 days a week to act as retainer, but said would work the two days with p if they liked. the sent him 2 days a week, which was fine, although i felt a tiny bit used as i now they only sent him to get the moneys worth, and i should really have charged more as the agreement was i was having both kids come sept.anyway about 3 weeks ago mum said she was going to try and go part time for 3 days(originally i had p 4 days a week) i said that was fine. anyway last week she told me she had the agreement to go p.time. and the nan who always had him 1 day was going to do 2 so i was only needed for 1 day come sept!!! i have turned away about 5 enquiries over the past 10 months saying sorry my places are taken from sept so could only help for a while. i told mum this and said we had agreed i was having the kids in sept, and she just said yes but we didnt say how many days did we? i feel totally stupid because i didnt specify how many days was keeping in the contract, i just put in the additional notes that as the fee was also a retainer for 2 places in sept it was payable even if i was temporarily unavailable. i just said to her do you know how much work i have turned away for you?i think i will have to terminate the contract i cant use 2 places for just 1 day.then dad camev round and was awful said im in breach of contract and they werent happy . i said you breached the contract as we had an agreement i was having the boys in sept. i rang ncma and they said to cover yourself just write a note saying you will see out the notice period then you have finished . i did this but have heard nothing since, but have a feeling its not over! has any1 had a experience like thi? sorry to go on ..

ChocolateChip
13-07-2008, 04:34 PM
I'm afraid I'm no help as I have only started this year, but just wanted to say how horrible for you! I think they are taking the mickey, if you have had the other one for 2 yrs they must know the score on how it works for you by now.
It seems to me they are being at least unfair to you, and at worst downright disrespectful of your relationship, so perhaps you are better off without them.
If you work out your notice as recommended what comeback can they have.
Hope you sort it out and get someone else instead!

sarah707
13-07-2008, 04:43 PM
You could use the early years foundation stage as your reasoning ...

With the introduction of the early years foundation stage, it is going to be a legal requirement for all childminders to follow the principles and the statutory requirements, which are embedded in law.

To do this, I will be legally required to observe, assess and plan for each child's individual development, liaising with other settings the child attends and with the child's parents very closely. I will also be legally obliged to follow statutory learning and development goals for each child.

You could then say something along the lines of ... in order to fully achieve this, I have decided that I must implement a minimum 2 full working days for each child in my care, into my Admissions Policy from September 2008. This is partly to cover the extra paperwork and also the time I will be spending on research, development of new paperwork, courses and training to prepare me to implement the new Government requirements.

Ok it makes it sound scary which it isn't ... but it will explain to the parent how much more you will need to legally do from September and how seriously you take your legal obligations.

Just make sure you make the changes to your Admissions Policy - maybe for a trial period of 3 months, to give eyfs time to bed in.

Good luck with the parent, if i can help any more please pm me :D

cloud9
13-07-2008, 06:18 PM
Yes unfortunately i have and it sucks when you are in this kind of position. You dont need to give an excuse or an explanation to end a contract it is your choice.
Just simply say it is with regret i am having to terminate the contract regarding xxx childcare. In accordance with your contract i will work the required notice period and your last days care will be xxx.

And dont feel bad this is perfectly ok and if they are trying to say you are in the wrong just grit your teeth and see out the notice period and look forward to getting some decent mindee parent's!:) :)

Heaven Scent
13-07-2008, 06:46 PM
Thats a good idea Sarah, I think we can use EYFS to make changes so we can pull cheekie parents into line.

brillminder
13-07-2008, 06:52 PM
nex ttime charge a decent retain they make sure they ( parent) are clear what they want if got to pay to keep space. Also any enquires take all details before you say yes or no & put them on your waiting list, then you may be able to call them and see if they;re interested, often want to move etc etc, hope it sorts out :)

haribo
13-07-2008, 07:38 PM
thanks for the replies, yes in future ill get it all in writing , ive been stupid and naive.. but i had a thought last night, can you imagine that having promised 2 places for sept i turned round now and said oh sorry can only do 1 day come sept! there would have been uproar. sarah, i did mention eyfs in the context that it would be difficult to follow a childs progress etc with 1 day, but almost before i started she snarled , dont talk to me about obs and assesments im a teacher its my job!! really arrogant and like i was really below her. i was so angry i cried, and just said oh i think we need to terminate the contract in the circs. she is on mat leave so i didnt think she would need me. later on tho dad came round and said you cant do this its breach of contract , i said well you had already breached it by dropping the days needed in sept. he said well we never said how many days did we?? i was told by the ncma to drop a note to them saying id work the next2 weeks if needed but havent heard back. ive a nasty feeling theyre gonna try and sue me !its the only nasty thing to happen in 14 yrs of minding.its taught me a lesson tho, dont assume anything parents say is what theyll do, write it all down thanks again il keep u posted x

sarah707
13-07-2008, 07:46 PM
Good luck! xx

wendywu
13-07-2008, 11:03 PM
Well ok then then say they can have 1 day for the two children. BUT your prices have just trebled. So in fact they would be paying for three days.

I bet nothing was said about the price of childcare that was being implemented in the new contracts.:laughing: Offer them that one on a plate, bet they give you notice.:angry:

charleyfarley
14-07-2008, 06:31 AM
Yep been there recently too. Messed about something awful with the contracts but I gave notice when parent dropped B to 15 mins a week (which was a full time vacancy) and T to 1 3/4 hours a week and expected me to be happy about it.

I gave notice and had Mr Angryhead dad turn up afterwards trying to intimidate me, didn't work.

My hours with the family were supposed to increase Sept but I wasn't willing to wait to find out as they kept changing their minds iykwim.

I felt used too and told the mom so, whatever free or cheaper childcare they could get they used and I got what was left.

Keep your chin up as something better will be round the corner for you

Carol xx

miffy
14-07-2008, 06:53 AM
I can't see how you are in breach of the contract - if you give written notice now the contract will be finished before September anyway.

If this parent is saying you didn't specify the number of days in September then that works for you as much as the parents - so I can't see how they can sue you. I don't think you need to make any excuses about EYFS either - these parents changed their minds and you are entitled to do the same.

You aren't stupid - you just expected to be treated the same way as you would treat anyone else. These parents have treated you badly and are now acting like spoilt children because they haven't got their own way - probably grandma won't have the children three days a week so they will have to find someone else.

You know there is work available so fingers crossed you will be able to replace them by September

Try not to worry

Miffy xx

ajs
14-07-2008, 07:02 AM
well said miffy
i am dealing with a parent who's trying to blackmail me but i am standing my ground at the momnet
good for you giving notice it's ridiculous being expected to keep full time places for what they are needing

wendywu
14-07-2008, 07:25 AM
Just wait until gran gets ill and cannot cope with two little ones. They will be worse off in the end.:panic:

angeldelight
14-07-2008, 08:20 AM
I agree with Miffy

Why the hell should you make up an excuse about EYFS ?

Sounds like you have everything in order and you have done everything right here
You have 14 years of experience so you are not naive at all

You may have been a little trusting but we are all like that at some stage and I always trust parents so you are not alone in that

You have called NCMA and they have advised you im sure they would have said if you had done something wrong but they did not

Try not to worry some parents think they have all the answers but they dont its just to scare you and its working

Good luck and hope you get some calls soon with some new children and better parents who dont look down at you

Angel xxx

haribo
14-07-2008, 07:57 PM
thanks so much for all your help and support- i feel so much better! the thing i was worried about was she had asked if i could have the 2 boys on the last 2 days of term- as a teacher to get all her holiday pay(oh the irony!)she had to go in for this 2 days. So if she couldnt get alternative care i think they would try and sue for loss of earnings . this is why the ncma man said send a note sayingyou felt the relationship was broken but you would fulfil those days if necessary. i did and put it through their door so they couldnt deny they got it and ive heard nothing since. hopefully thats the end of it. i told all my other parents why the little lad wasnt here,they were really supportive as they knew i was waiting for the 2 in sept and 2 of them(whose kids leave this week as they going high school said theyd be happy to write me character references if it went further!by the way i was careful not to speak badly of the parents in question , i simply told them id terminated the contract and why.anyway i also gave them a list of c.minders i could recomend ,so feel ive done all i can. still felt bad today though, kept going to get drinks etc for the little lad and id literally get a pang when remembered he not here:( got a lovely 1year old girl im gonna concentrate on and enjoy on her own for a bit,think her parents are secretly chuffed she`ll be getting 1to1 for a bit! :laughing: thanks again for the support x