PDA

View Full Version : Problem Parent - Termination of Contract



Kel04
10-01-2010, 01:40 PM
Hi...this is my first post and I really need help.

I've looked after a 3 yr old for nearly a year now; I stated in my contract that my core hours were 8.00am-6.00pm and I began looking after him from 11.30-3.30...at first there were no problems, then she suddenly started changing her hours without discussing with me (just used to give me a written list for the following week) and also began not paying in advance as agreed in contract (I had to constantly chase her for payment). Being my first mindee I feel I was a little soft and let this go. Things gradually got worse re payment and hours (was contacting 2 or 3 times for a week for payment/hours...she'd text me day before child was due to start following week with times) and over past few months she wasn't picking him up until 6.30pm! Many times she was turning up too early or contacting me after child was due to start to say she was either ill/or having day off....so as you can imagine I was beginning to feel very taken for granted. I contacted her last week to state that my hours are 8am-6pm and although I was willing to start a little earlier I had to make sure 6pm was my finish (due to personal circumstances). The final straw was she text me to say as I only gave her 1 weeks notice of holiday over Xmas period (it was in fact 2) she had to take extra time off work - she now says because of my hours she will possibly have to sort alternative arrangements..however when I contacted her for hours a week ago (Sun 3rd) she advised me she was having a weeks holiday!!! I have asked her to let me know what she decides but she has not replied. I don't know what to do re termination etc (she hasn't given me her new address and won't reply to contact). I feel I have been very accommodating re payment/hours etc and am very disappointed (probably my fault I was too soft). HELP...any advice would be greatly appreciated.

jaja
10-01-2010, 02:13 PM
i would try phoning her and exaplin (even to answering machine) that payment is now due and if payment is not recieved within 5 working days then you will need to suspent the childcare and expect full payment, if this isnt acceptable then you will be taking the matter further.... Sounds like she has been taking advantage and thinks that she can get away with it all...It might be worth asking her in for a review where you can point out the contracted hours, explain that she cannot just turn up when ever because you may have things planned for the benefit of her child, explain about fees and being up front and not behind and also find out fi something is going on at home which may be causing this to happen..... hope this helps....

Keep us updated, and i am sure that other people will be along soon to offer you some more advice....

oh and by the way hello and welcome xxxxx

mushpea
10-01-2010, 02:34 PM
Please be aware that by refusing childcare you are also on breech of contract and when i had this problem the ncma advise me to carry onworking untill end of notice period as it would be difficult for me to recove the monies owed if i refused childcare.

gigglinggoblin
10-01-2010, 02:35 PM
It is a legal requirement that you have her address.

http://nationalstrategies.standards.dcsf.gov.uk/eyfs/site/requirements/welfare/documentation/index.htm

I would call orr text her and leave a message say you have plans for next week so you need to know when child is coming or you may not be available at the times she wants. Might prompt her to give you a call! I would also tell her you need to do a contract review and bring in fees for late pick up / early drop off and late payment. Also put in that full fees are payable for child holiday. If you want to be nice you could give her so many weeks per year at no fee or half fee as long as you get x number of weeks notice - you can make it sound like you are doing her a favour here as its not something most cms offer! Some cms are ok with knowing the hours the week before so its up to you if you are willing to continue that but it sounds like you are not so I would tell her to give notice if she is unhappy with the terms of your business.

Kel04
11-01-2010, 08:46 AM
Hi thanks for your replies.

The problem I have is over the weekend when she said she would be looking at alternative arrangement I asked her to let me know what she decides. However, she has not contacted me and now it is Monday hasn't brought her child to me (I normally have him on a Monday). As she was on holiday last week she only owed me half minding fee so to be honest I'm not worried about that week because I have had so much stress getting her to pay me on time over the last year and I used to dread each week so much; its just the fact I do not know what to do now....do I just write in my paperwork the date the arrangment ended (ie the date she didn't bring her child) and let that be the end of it because I'm don't get any response from her.

Kel04
11-01-2010, 09:02 AM
Please be aware that by refusing childcare you are also on breech of contract and when i had this problem the ncma advise me to carry onworking untill end of notice period as it would be difficult for me to recove the monies owed if i refused childcare.

Hi...thanks for your reply. Trouble is I haven't refused childcare...I just advised her that my contracted hours are 8.00am-6.00pm (as stated in all my paperwork) but when she did give me her hours (normally the night before he was due to start the following day) she'd tell me for example 7.30am - 6.30pm so I couldn't refuse the later collection because she gave me such short notice. I had to tell her that I can't work later than 6.00pm because of commitments my child has and that's when she told me she would have to look into alternatives...since then she hasn't contacted me and hasn't brought her child today!! I felt I was constantly pleading with her to pay on time and to give me her hours in advance and stating that I had bills to pay just like her (also I have another part-time job as a cake maker/decorator and have Clients phoning for cakes so I had to work this around my childminding; therefore I needed to know hours in advance) but it just seemed to fall on deaf ears. I feel completely taken for granted

Kel04
11-01-2010, 09:07 AM
It is a legal requirement that you have her address.

http://nationalstrategies.standards.dcsf.gov.uk/eyfs/site/requirements/welfare/documentation/index.htm

I would call orr text her and leave a message say you have plans for next week so you need to know when child is coming or you may not be available at the times she wants. Might prompt her to give you a call! I would also tell her you need to do a contract review and bring in fees for late pick up / early drop off and late payment. Also put in that full fees are payable for child holiday. If you want to be nice you could give her so many weeks per year at no fee or half fee as long as you get x number of weeks notice - you can make it sound like you are doing her a favour here as its not something most cms offer! Some cms are ok with knowing the hours the week before so its up to you if you are willing to continue that but it sounds like you are not so I would tell her to give notice if she is unhappy with the terms of your business.


I think I may have to put this one down as a no show now...and learn from it (not to be so soft). The trouble was with her hours she never gave me a week's notice...it was always one night's notice but I always contacted her the week before to try and get her hours (she just never replied). If she did happen to give me her hours in advance by the time it got to the dates she'd given me she'd changed them (without advising me) and so used to turn up at completely different times...luckily I always stayed in just in case!!!

Kel04
12-01-2010, 08:07 AM
Well no show from mindee yesterday so definitely think she won't be bringing him anymore.

margimum
12-01-2010, 08:34 AM
I think you need to put something in writing... in a text for now which you can save. Giving a date by which if she has not contacted you, contract will be terminated 4 weeks from this date. Oh and fees will continue to be due until that date.....
Good luck with getting it sorted. Margi x

Kel04
13-01-2010, 09:33 AM
Have sent text but not expecting to get a reply. With regard to continuing to pay fees, she has never taken the contract seriously (to be honest I don't think some parents realise childminding is a proper business so tend not to take contracts into consideration). I'm not particularly worried about fees because I've had so much stress with her....just want to chalk it up as a lesson learned from now on.

Will keep you all posted. :(

Chatterbox Childcare
13-01-2010, 09:38 AM
Don't you have a work name and telephone number. Try her there and then send you final account there with a letter explaining that as she is no longer contacting you you are giving notice and this is you final bill. You are willing to work the notice but only between the hours of ,,,,,, and ,,,,,

I would then wait and see if she contacts you/pays and if not go ahead with legal action using the work address.

Goatgirl
13-01-2010, 10:38 AM
Hi Kell,
Sorry you've had to deal with such an inconsiderate parent :(. As you say, being a bit soft when the child was your only mindee is an easy trap to fall into and unfortunately some parents will take every advantage they can. I bet you're more careful now :). I know I am...

I agree with everyone else, that you should get something in writing re the termination of the contract, as, if the contract isn't officially terminated she could faesibly just turn up in contracted hours at any time and you'd be obliged to provide care or leave yourself open to being sued etc.

I'd ask her to confirm in writing, and give her a deadline to contact you, after which you will assume you're not needed, and will be unavailable etc... Remember to keep a record / copy of what you have done to terminate the contract even if she doesn't respond. If you have done that, then just sit back and enjoy not being taken for a ride anymore :)


best wishes,
Wendy

Ripeberry
13-01-2010, 12:07 PM
Sorry you've had so much hasstle from this parent. I'm quite :eek: that she did not even give you her new address. Why ever not? As for not contacting you, what would you have done in an emergency?
Anyway, does not matter now, but IF she does turn up, get some proof of her new address in case she tries to fob you off :mad:

Kel04
13-01-2010, 02:43 PM
I did have a few occasions when I needed to contact her urgently (namely when my DD was poorly and I didn't want the mindee coming in case of spreading infection. I tried to contact her to let her know but she always had her phone off / or just didn't answer calls...when she did finally contact it was always because she overslept (she always called me at this point when she was on the way and ALWAYS still brought her lo!!!) :angry: Funnily enough the day after my DD was ill the mindee had a poorly tummy too!!!

Still, thanks for all your replies ... to be honest I'm quite relieved now that I don't have to put up with her anymore (I did used to dread each week!!). I have two lovely mindees and parents now and they know the importance of their contract and all the paperwork that comes with it :)

OrlandoBelle
13-01-2010, 03:40 PM
I think this is one of those times where if you're happy to lose the payments and not take it any further, just let her go and breathe a sigh of relief that you won't have any stress anymore. I know exactly how you feel as I was in a similar situation myself last year. Even if you did take legal advice, she would probably ignore the letters from the solicitor anyway. Thats what happened to me. Better just to cut loose and be happy and stress free with your current mindees. x

Kel04
13-01-2010, 06:10 PM
I think this is one of those times where if you're happy to lose the payments and not take it any further, just let her go and breathe a sigh of relief that you won't have any stress anymore. I know exactly how you feel as I was in a similar situation myself last year. Even if you did take legal advice, she would probably ignore the letters from the solicitor anyway. Thats what happened to me. Better just to cut loose and be happy and stress free with your current mindees. x

I think you're probably right....I hope if she has gone to another childminder she doesn't do the same to them; I can't imagine she will change her spots!