can i get out of this contract?

[mrs.h]

hi.

my mindees contract runs out on the 15th (mum has terminated it as they are getting an au pair). now i am really struggeling to cope for the next three weeks. the mindee is very hard work lately (gets up to no good, made a total mess in the car, is rude and not phased by anything) besides my own child seems to need more attention (he is anemic and very tired -> grumpy). is there any way of getting out of my contract asap even though it states in my policies four weeks notice have to be given (but the contract is already terminated).

thank you for your advise.


mrs.h

[Blackhorse]

I dont think there is a way out of it as this is what the notice period is for...to protect either side to make sure they dont have to immediately look for alternative care or for the cm to still get the money.

there are a few things where you can immediately terminate a contract but I think that is only if the mindee or parent is threatening you etc..

hopefully someone with better advice will be posting soon

[jaja]

i have a thing in mine saying if there behaviour is unacceptable, basically if i carnt get the child to listen to me and it can put them in danger then i end it, would have to have build up though, i had a girl who wouldnt get in the car and would sit in the car seat and mum laughed so i threatern it and mum told the girl and she behaved, sometimes i find that kids bounce of parents and then take it out on you..

I dont know if this has helped or not:blush: is it worth saying to mum that if his behaviour continues then you will withdraw service because he is disrupting your other mindees, as as hes leaving anyway its unfair on them?

hope this helps in some way xxx

[Chatterbox Childcare]

You need to speak to mum and see when the au pair is available and then give her the money back for the time not used.

If not I am afraid you are tied in. Your child could be sick though

[Daftbat]

All things are negotiable. I would speak to mum and ask when the au pair is available to start and go from there. So long as money for notice period is refunded or not invoiced for then you could have a way forward. If the au pair is not available then you will have to just struggle through.

[mrs.h]

thank you for your replies. i will speak to mum later but i think the au pair is not available before x-mas.
it is an awful feeling dreading a child to come to your house. today has been a nightmare again, she just won't listen to me and i don't know how to get her attention.

mrs.h

[mumx3]

If it gets to the point where it is not in your child's best interests to continue, I would say my child was ill and that I was unable to care for mindee given my own childs health.

I have an exclusion policy and a behaviour policy. These say that if caring for a child has a detrimental effect on other children in my care that I reserve the right to terminate contract immediately and refund family for any child care they are yet to receive.

[sarah707]

I have an exclusion policy and a behaviour policy. These say that if caring for a child has a detrimental effect on other children in my care that I reserve the right to terminate contract immediately and refund family for any child care they are yet to receive.

I say this in my behaviour policy.

At the end of the day I am working alone from my home and I have to put my needs and the needs of my children first.

I hope it is resolved for you quickly x

[Tatjana]

I have the same thing in my behaviour policy...might be worth adding for any future situations.
xx

[helenlc]

I have something in my Behaviour Policy about terminating effective immediately if the child's behaviour is dangerous or detrimental to myself or any children in my care INCLUDING my own.

I did this in the summer with a 3 yr old who was disruptive and had violent tantrums. I phoned Ofsted and they said that they would back me in terminating immediately if the child was displaying "unacceptable &/or unreasonable behaviour". It is deemed to be better if you have given written warning of this, which I had. My insurer, Morton Michel, said they would back me if Ofsted were on my side, as it were.

I would suggest asking Mum first if the au pair is going to be available earlier than agreed.