Giving notice

[rpattwell]

Hi there. I am new to childminding and have been minding this brother and sister since April. I mind term time only. I stipulated 4 weeks notice to terminate the contract. These children's mum is pregnant and wanted my service but has changed her mind as her in laws will be helping from September. She has just given me notice. I have been told that parents are not legally allowed to give notice in any holiday period. Is this the case? Many thanks in advance.

[Mouse]

Hi there. I am new to childminding and have been minding this brother and sister since April. I mind term time only. I stipulated 4 weeks notice to terminate the contract. These children's mum is pregnant and wanted my service but has changed her mind as her in laws will be helping from September. She has just given me notice. I have been told that parents are not legally allowed to give notice in any holiday period. Is this the case? Many thanks in advance.

You'd be best to check with your insurance company legal department, so probably either Morton Michel or Pacey. It depends what's written in your contracts, so they will be able to tell you where you stand legally.

[bunyip]

As Mouse says, it will depend on the contract. Bear in mind, there is a subtle but very significant difference between "during the holidays" and "on holiday". Pacey contracts use the latter term.

Also worth mentioning that I have shown a Pacey contract to a solicitor who believed that a determine client would have very little trouble having several clauses (including this one) overturned by a court as "unconscionable terms".

[sarah707]

It can be best to finish a contract on good speaking terms rather than waving a clause at parents which makes them shut down and become unhelpful / threaten to make things up to get you into trouble / refuse to pay your final invoice etc...

It's unfortunate this is happening during the long holidays because it does put you in a difficult position - but many would say that doing it this way means you know you have a space for September and you can start advertising now with that in mind. I tend to find parents are looking for spaces this time of year...

Or others will say that you should fight for what the contract states. In this case, you can try and drag it out until the end of October and chase parents for fees - in that case you will need support from your insurance company because it's unlikely they will pay without a battle...

I hope that helps you to think about the different ways you might handle this one x