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View Full Version : Dilemma about notice period... help!



buzzy bee
18-10-2010, 10:37 AM
I've not been doing this long but have just been given notice by one of my parents :( they say they can't afford it anymore.

I usually get parents to pay monthly in advance and have a 4 week settling in period with no notice. After settling in notice period is 4 weeks.

Because this mum was worried about being able to afford to pay monthly, I said she could pay fortnightly in advance, and the settling in period was 2 weeks.

They've been with me 4 weeks, so well out of the settling in period, and contractually should give 4 weeks notice, BUT if I'd done a settling in of 4 weeks, they'd still be in it (just!)

Anyway, I asked mum when last day will be and she said as they've paid for this week, they'll come this week but that'll be it as she can't afford any more.

Theyre my main income and I can't really afford to lose them immediately, and contractually they should give me 4 weeks but it might just be more hassle than it's worth - forcing them to stay with me longer and then trying to get the money off them if its gonna be an issue... should I just let it go or should I try and get them to give me proper notice?

Also, I only spoke to HMRC a couple of days ago to give them details of payments - how do I let them know they're not with me anymore?

berkschick
18-10-2010, 11:09 AM
What a shame!

Why did you have to speak to HMRC about the payment?

I would definately stick to the 4 weeks notice. Whats suddenly changed that they dont need you?

buzzy bee
18-10-2010, 11:12 AM
Yep HMRC called me to ask what they were paying me.

They said they can't afford it anymore. But I don't know why they don't just drop the hours, so wondering if it's something else and they're using money as an excuse...

berkschick
18-10-2010, 11:15 AM
Maybe they were claiming more than they should and now they have been found out, their payment from HMRC has been reduced and they have given notice. Are they both working? I would definately call HMRC and let them know.

Joannechildmind
18-10-2010, 11:58 AM
Maybe they were claiming more than they should and now they have been found out, their payment from HMRC has been reduced and they have given notice. Are they both working? I would definately call HMRC and let them know.

yes i thought the same as this, I have never yet! had anyone call me from HMRC to check payments etc although i know a few people on here have.

miffy
18-10-2010, 12:47 PM
It sounds to me like they've used you just long enough to get their tax credits in place..................

That means they will be able to afford to pay you your notice as they've had the money so invoice them for the 4 weeks notice.

Miffy xx

Louise B
18-10-2010, 12:52 PM
Even if they've been honest with the tax credits, they give you a 4 week period where they still pay you, so they can definitely afford it!! xx

georgie456
18-10-2010, 12:52 PM
It sounds to me like they've used you just long enough to get their tax credits in place..................

That means they will be able to afford to pay you your notice as they've had the money so invoice them for the 4 weeks notice.

Miffy xx

Agreed! I would be stating 4 weeks notice as per contract.

buzzy bee
18-10-2010, 02:09 PM
Do you really think so? omg i didn't think of that. how cheeky if they did! i wish we were in charge of telling the tax office when people leave us - i don't know who i'd call to tell. seems really wrong to me if they're still gonna get the money.

Pipsqueak
18-10-2010, 04:58 PM
I would write them a polite letter setting out the notice period and including the invoice to bring all outstanding monies up to date.
Within that letter, I would say that you and they have an obligation to let HMRC know when clients terminate the contract (you don't but they don't have to know that) to help prevent fraudulent claims.:D

miffy
18-10-2010, 05:03 PM
Do you really think so? omg i didn't think of that. how cheeky if they did! i wish we were in charge of telling the tax office when people leave us - i don't know who i'd call to tell. seems really wrong to me if they're still gonna get the money.

If I know parents are claiming tax credits I get them to sign a form saying the last day of care I provided for their child was xxxxxx and that they realise it is their responsibility to notify tax credits that I am no longer caring for their child.

You can always let tax credits know that they've finished with you. I just wouldn't let them off the notice period

Miffy xx

buzzy bee
18-10-2010, 05:27 PM
How does it work with tax credits... do they pay the full cost of childcare? They basically called me a few days ago to check that they were paying £X as she'd told them, and I confirmed that she was. So will they pay her this full amount?

Cos I told her I really need 4 weeks notice and that's what it says on our contract and she said she thought she was still in a trial period and that she absolutely can't afford to pay me anymore.

I'm wondering if I should just say in that case, I'll keep what she's already paid me for this week, but I won't have them this week... is that fair or is that a bit risky - don't want them taking legal action on me LOL!!

Pipsqueak
18-10-2010, 05:42 PM
How does it work with tax credits... do they pay the full cost of childcare? They basically called me a few days ago to check that they were paying £X as she'd told them, and I confirmed that she was. So will they pay her this full amount?

Cos I told her I really need 4 weeks notice and that's what it says on our contract and she said she thought she was still in a trial period and that she absolutely can't afford to pay me anymore.

I'm wondering if I should just say in that case, I'll keep what she's already paid me for this week, but I won't have them this week... is that fair or is that a bit risky - don't want them taking legal action on me LOL!!


Tax credits - to be blunt, is actually nothing to do with you. As you have found TC will only contact you (and most of us have never been contacted) to confirm information. TC's are the total responsibility of the claimant. Also, she has signed a legally binding contract with you agreeing to the 4 weeks notice period - she cannot just ignore this. She owes you this money or she sends the children for this period. It is not your problem how she finds this money - you are providing a service to which she agreed. Its up to you if you find it in your heart to compromise.

That said, write her a letter:

Dear Mrs Trying-to-pull the-wool-over-my-eyes

Thank you for you notification of termination of our contract. In accordance with the contract, there is a 4 week notice period, meaning the last day of childminding will be ********. If you choose to finish with immediate effect, 4 weeks notice money will be due in lieu. Please find attached an invoice breakdown for your convienence.

Please note, it is my policy to notify tax credits when a contract finishes.

Yours sincerely


A-minder-who-means-buiness

buzzy bee
18-10-2010, 05:45 PM
Tax credits - to be blunt, is actually nothing to do with you. As you have found TC will only contact you (and most of us have never been contacted) to confirm information. TC's are the total responsibility of the claimant. Also, she has signed a legally binding contract with you agreeing to the 4 weeks notice period - she cannot just ignore this. She owes you this money or she sends the children for this period. It is not your problem how she finds this money - you are providing a service to which she agreed. Its up to you if you find it in your heart to compromise.

That said, write her a letter:

Dear Mrs Trying-to-pull the-wool-over-my-eyes

Thank you for you notification of termination of our contract. In accordance with the contract, there is a 4 week notice period, meaning the last day of childminding will be ********. If you choose to finish with immediate effect, 4 weeks notice money will be due in lieu. Please find attached an invoice breakdown for your convienence.

Please note, it is my policy to notify tax credits when a contract finishes.

Yours sincerely


A-minder-who-means-buiness

:D thanks!

onceinabluemoon
18-10-2010, 05:53 PM
Tax credits - to be blunt, is actually nothing to do with you. As you have found TC will only contact you (and most of us have never been contacted) to confirm information. TC's are the total responsibility of the claimant. Also, she has signed a legally binding contract with you agreeing to the 4 weeks notice period - she cannot just ignore this. She owes you this money or she sends the children for this period. It is not your problem how she finds this money - you are providing a service to which she agreed. Its up to you if you find it in your heart to compromise.

That said, write her a letter:

Dear Mrs Trying-to-pull the-wool-over-my-eyes

Thank you for you notification of termination of our contract. In accordance with the contract, there is a 4 week notice period, meaning the last day of childminding will be ********. If you choose to finish with immediate effect, 4 weeks notice money will be due in lieu. Please find attached an invoice breakdown for your convienence.

Please note, it is my policy to notify tax credits when a contract finishes.

Yours sincerely


A-minder-who-means-buiness

Please also put in the letter that it's the parent's responsibility to inform tax credits that she has ceased childcare with you, or she could just not inform tax credits and then say you were going to and has the written proof...

buzzy bee
18-10-2010, 06:18 PM
Will do onceinabluemoon - thanks for the tip.

I really don't know whether I should push for the 4 wks notice though - it could just be more hassle than its worth having to chase her for the money... maybe I should just let it go?

My hubby thinks I should keep the money for this week and refuse to look after her kids any more but I think this is a bit harsh and morally wrong!! But he says (and he's right) that she's actually breaking our contract so I don't owe her anything.

What do you all think?

I hate money stuff!!

Erika
18-10-2010, 07:18 PM
I think (particularly if your contract is from NMCA) that your husband's advice would be skating on thin ice; I've seen a fair few minders come off wrong doing this. She hasn't given you the 4 weeks notice but the breach doesn't actually occur unless she not only fails to give you the contractual 4 weeks but also fails to pay for the 4 weeks.

However, if you withdraw the care then effectively you are terminating without any notice whatsoever, and by doing that you leave yourself open to litigation. I'd do exactly as Pip advised - you cover yourself that way and can chase payment for the notice period if you wish to do so.

It may seem harsh charging for the 4 weeks, but that if that is what is required by the contract you have every right to it. Her financial difficulties are not your problem.

miffy
18-10-2010, 07:22 PM
This parent will get 4 weeks tax credits from the date she stops work so you should get your 4 weeks notice. Simples!

Miffy xx

Erika
18-10-2010, 07:51 PM
Precisely correct, Miffy - unless of course she has not been entirely honest in her claim and has had payments suspended or entitlement terminated as a result. Either way, the parent must fulfill the contract and pay the required notice period.

To buzzy bee - you can offer to allow her to pay it in installments if she is struggling financially and you are content to come to an arrangement with her. If you're happy to do this, you can include in your letter something like:


In view of recent discussions where you have advised me that you are having financial difficulty, I am prepared to accept the notice period in weekly installments if this would assist you. If you do wish to pay in installments, please advise me so that we can come to an arrangement in respect of the weekly rate for installements.

Please be careful with installments - make sure you both have in writing the weekly rate you have agreed to, the commencement date and the date when it should be paid by and ensure it is signed by both parties. Alternatively, she can place her offer in writing:


I accept your offer to pay the notice period for childcare in installments, and offer to pay £XX per week commencing on xx date until the balance is £0.00

Your response:


Thank you for your letter dated XX/XX/2010. I accept your offer to pay the notice period, total balance of £XXX in weekly installments of £XX, to be commenced on xx/xx/2010.

If you are going to accept payments in installments, it would be wise to consult with NMCA or MM - whomever you use, about the above to ensure that this would be acceptable to their legal team, should she default on payment.

buzzy bee
18-10-2010, 08:06 PM
Thanks for the help everyone!

Feeling really disheartened about the whole thing!! Just hope it doesn't happen again.

berkschick
18-10-2010, 08:16 PM
Is this parent working?

Pipsqueak
18-10-2010, 08:17 PM
Thanks for the help everyone!

Feeling really disheartened about the whole thing!! Just hope it doesn't happen again.

To make sure it doesn't you take an advance payment that is equal to the notice period. That money is kept till the end of the contract to cover for this eventuality.

Business head on:D :thumbsup:

miffy
18-10-2010, 08:19 PM
Thanks for the help everyone!

Feeling really disheartened about the whole thing!! Just hope it doesn't happen again.

I hope not to.

In future you could always take a 4 week deposit to be used against the final 4 weeks when notice is given - that way, hopefully, you would not be chasing payment.

Miffy xx

miffy
18-10-2010, 08:20 PM
To make sure it doesn't you take an advance payment that is equal to the notice period. That money is kept till the end of the contract to cover for this eventuality.

Business head on:D :thumbsup:

Snap!

You type quicker than me! :laughing:

Miffy xx

buzzy bee
18-10-2010, 08:24 PM
thanks, they are both very good ideas :laughing: