Advice re contract Terms

[sarah32]

Im looking for some advice for a childminder friend that has just had a contract ended without any notice.

Shes very upset and Ive given her some advice, wrong or right I dont know as never had experience of parent ending contract and not paying for 4 weeks notice but thought i'd ask you guys as you might of dealt with this situation.

Right the story is she's been collecting little girl from nursery and then having her for afternoon 5 days a week, little girl hasnt settled very well, not happy with mum leaving her but plays ok when settled.

Mum then goes upto my friend on Tuesday morning before nursery and says daughter not happy and will finish this friday.

When friend came to me Tuesday at group asked if she was out of settling in period and she is, said she has to give you 4 weeks notice, told her to write her a final bill with 4 weeks notice period money it as per contract.

She said to mum Wednesday Ive printed you off a final bill with 4 weeks notice money in it as poer contract signed and mum says I will talk to you later and walks off.

Thursday morning she walks upto my friend in middle of playground when shes got her own two small children and minded child and says here's your money uptil friday, you wont be getting another penny out of me, my daughter wasnt happy with you and you can take me to court, shouting in her face which then reduced her to tears and mum walked off.

She came to me at group today and asked what she should do, shes not a member of any association for help.

Told her she can either write her another letter giving her so long to pay otherwise she will take legal advice and see what she does or cut her losses as I feel she lady could get quite nasty and then make a complaint about her to ofsted.

Told her to write down everything that happended, the conversation just incase she does make a complaint.

Like I said I dont know if this is the wrong or right advice and wondered if anyone else can add or help.

thanks

[FizzysFriends]

She can call whoever her insurance is with for advice.

Is it a lot of money?

Out of principle she should take her to court for the money, but in reality if this woman is going to make your friends life hell and complain and tell others in the playground lies then I would personally let it lie.

[huggableshelly]

I do not like confrontations and would most likely cut my losses knowing i would still see the parent on a daily basis in school.

she needs to call her insurance company to find out where she stands and what steps she needs to take in order to gain her owed fees due to breech of contract.

[rickysmiths]

Shame she isn't with NCMA or MM. Who does her Public Liability Insurance? They may have a legal helpline.

She would be advised to write to the parents giving them a reasonable time to pay. If they don't, write again and enclose a copy of the first letter for their information and send it Recorded Delivery/Signature Required. If this fails and she has a properly written contract then she can go to the Small Claims Court.

She must demonstrate on the application papers that she has made every attempt to get payment and that she has allowed a reasonable time for the payment to be made.

She could also state in the second letter that if the money is not forcomming then she will have no alternative but to seek legal redress and this could result in a County Court Judgement against them which could affect their Credit Rating.

Next time I recommend taking a four weeks fees deposit when signing a contract and holding it until the end of the contract when it will be used for the 4 week notice period. I had my fingers burnt one too many times and I hold a deposit now.

[hectors house]

I would pass all this info onto other childminders in the area and ask them to spread the word - blacklist the b:censored:

Sorry if that is a bit blunt but PMT must be bad if I recognise I have it!

[TheBTeam]

I personally let it go, but as i have said in other posts, i tend to think it is a bonus if i get it and i think at the start of a contract that i will lose out one way or the other then i don't get upset!

I know that i should fight for every penny but i am not brave enough or prepared for confrontation, I would aim to say to as many other childminders as poss to be careful iykwim!

[georgie456]

Hi
I don't really have any more advice - just wanted to say how much it :censored: me off that people think it's ok to act like that.

She knows full well that if this CM takes it further - as she is fully entitled to do - she can say all sorts to other parents in the playground and essentially ruin someone's reputation and business- it's almost blackmail :angry:

She signed a contract so she should honour it Grrrrrr!

[haribo]

makes me so angry that we have to deal with people like this we can bend over backwards for someone and at the end of the day our reputation could be ruined on a whim because they want to get out of paying whats owed . fair enough not everyone gets on with everyone but an agreement is an agreement and we shouldnt have to be scared of standing up for ourselves to get whats ours but because the nature of the job requires huge trust in us we are in a vulnerable situation :angry: as so much is word of mouth.

[Pipsqueak]

I personally would fight this all the way, the parent has breached terms of contract that she has agreed to by signing.
I would tell your friend to write to the parent once again - summarise conversations and the attempted intimidation and aggressive behaviour in the playground in front of children (which is totally unacceptable).
Include an invoice and date of expected payment.

[sarah32]

Ive given her everyones advice about sending her a final bill but I think shes going to cut her loses.

She doesnt need the stress right now.

I really do feel for her, shes really struggling at moment filling her spaces and this kinda just made her decision easier to look at quiting childminding.

I hope she doesnt, shes a good childminder and I think it would be a shame.:(