This is complicated.......help!!!!!

[claire'scherubs]

Ok you may all remember that I terminated a contract on Friday with a non paying parent. Now obviously I need to put this in writing to them but its complicated, so here we go, and please stay with me.

They signed a contract for a temporary contract for a maximum of 6 weeks, now I did the contract on a normal NCMA contract (didn't know they did a temporary contract, until now:blush: )

At about week 5 the parents asked if I would start a permanent contract, I sent them a letter stating the new terms and conditions, to which they agreed, by text, but we never got to sign the letter or re write the contract. As Friday morning I had all the paperwork ready to sign, but as she was running late (as always) she didn't even come through the door!!

So, last week, was technically an extension of the old contract or was it on the new contract, or was there no contract???????

They have been threatening to report me and basically in the letter I want to put, that contractually they breached the contract so I had every right to do what I did and that if they were to report me then Ofsted would not get involved as it was a contractual dispute, but was it??

I am totally confused and need some bright spark to come along and push me in the right direction PLEASE!!!!!!!!!!!

[Mookins]

i would say.....no contract... if the firstcontract had dates on tofinish ie 6 weeks from 8th sept for example and no new was signed then no contract is in place,
i could be wrong though, hope someone can help you

xxx

[Pipsqueak]

Unless there was something in writing terminating the original contract/or a date that the contract finished or a contract signed that superceeds the original - the original still stands.


What are they threatening to report your for and to whom? Ofsted won't be interested in contractual issues at all.

[claire'scherubs]

Unless there was something in writing terminating the original contract or a contract signed that superceeds the original - the original still stands.

Thats what I thought, something on the back pages of the contract, like I say I have confused myself now

[Mookins]

pipsqueak can explain so much better than me...i confuse myself:rolleyes:

xx

[LisaMcNally09]

Did you write on the contract that it was temporary?? Did it have an end date or did you write it as a normal contract??

Im not very good on contracts but if you did write an end datre on contract then neither parties are covered by it so you could end care when you wanted with no repercussions IYSWIM. I think thats the case anyway:blush:

[Penny1959]

Agree with others - if standard NCMA contract - unless you added bit to say was a temporary contract - the original remains in force.

If had added bit to say was temporary contract with an end date - then no contract in force and so both able to walk away from it.

Penny :)

[claire'scherubs]

All I wrote on the contract was for a "6 weeks maximum" but then I have a letter from me to them stating that I would continue the contract on new terms, parents hadn't signed this letter

Pip, I know they won't be interested in a contractual issue, she is reporting me for only being in the job for the money....doh!!!!!!!

That's one of the reasons I want to write the letter so that I can make it clear that it was them that were in breach (out of 7 weeks care, 4 of them I was paid late, or short)

So basically I am going to say, report me if you like, complaints procedure is in the portfolio that you have got, but actually I could take this further for the breach of contract.......in the nicest possible way

[Pipsqueak]

Pip, I know they won't be interested in a contractual issue, she is reporting me for only being in the job for the money....doh!!!!!!!



Oh oh oh that is one of the best I have ever heard - reporting you for just being in this for the money. I would say let her go ahead with your blessing.
That is SO funny. I am sure we are all totally disgusted with you for wanting to earn some money.

I would say regarding the contract - that the original contract stands as the parents had not signed the new contract - not for lack of trying on your part.

Have fun writing the letter:D

[Mollymop]

:) Just let her go hun, just move on from it and don't worry about it anymore. She has a beef with you because you have terminated the contract, becaus eshe hasn't paid. Ofsted will not be interested in any of her complaints.
Your contract is finished now that you stated your maximum was for 6 weeks and that is what you have worked. No other contract is in place and the letter you have sent was not signed by them or was a legally binding contract so you are within your rights to terminate.

Keep your chin up, don't let this parent get to you and make sure you ask her if she mentions again "that you are in it for the money" whether she would work for free, if she says no, then say well why should I work for free while I care for your child so you can earn money?!

Some people!:angry: :(

[Winnie]

Ofsted will not be interested, but (unless you have a written policy on immediate termination due to non payment or it is mentioned in the contract) I do not believe you can terminate with immediate effect due to non payment, I think you still have to give notice (unless there is no notice period written on the contract) …daft, but I’m sure I’ve seen it somewhere :panic:

Contractually she has breached the contract but you must put this in writing asap or you could be in the position of being seen as breaking the contract :eek: The original contract stands….but also you have agreed (in writing and in text) a new contract …nothing was signed but both parties did agree so she could take you to court (extremely unlikely) for breaking the agreement and loss of earnings if she relies on you for childcare while she works.

:)

[Mollymop]

Ofsted will not be interested, but (unless you have a written policy on immediate termination due to non payment or it is mentioned in the contract) I do not believe you can terminate with immediate effect due to non payment, I think you still have to give notice (unless there is no notice period written on the contract) …daft, but I’m sure I’ve seen it somewhere :panic:

Contractually she has breached the contract but you must put this in writing asap or you could be in the position of being seen as breaking the contract :eek: The original contract stands….but also you have agreed (in writing and in text) a new contract …nothing was signed but both parties did agree so she could take you to court (extremely unlikely) for breaking the agreement and loss of earnings if she relies on you for childcare while she works.

:)

But she has stated on original contract that the contract stands for just 6 weeks maximum and parents have signed to agree to this, so that is what is contracted. The 6 weeks they signed to have now finished, so now Claire doesn't have a contract with them. The contract is legally binding to what ever you both agree to no matter what type of NCMA contract it is, I would have thought:) So If they both agree to 6 weeks max then contract is now finished - it could be carried on if they both wish but from the eyes of the courts I would have thought the parent wouldn't have a leg to stand on to try and sue Claire as it was written and agree by both parties for just 6 weeks of care:)

[Mouse]

I will differ from everyone else & say the new contract may stand.

A contract doesn't have to be written for it to be binding. If you sent them the terms & conditions of the new contract & they agreed to it by text, it could be binding, even if they haven't signed anything. DO you have a copy of the letter & the text?

I would contact NCMA for clarification.

[Winnie]

But she has stated on original contract that the contract stands for just 6 weeks maximum and parents have signed to agree to this, so that is what is contracted. The 6 weeks they signed to have now finished, so now Claire doesn't have a contract with them. The contract is legally binding to what ever you both agree to no matter what type of NCMA contract it is, I would have thought:) So If they both agree to 6 weeks max then contract is now finished - it could be carried on if they both wish but from the eyes of the courts I would have thought the parent wouldn't have a leg to stand on to try and sue Claire as it was written and agree by both parties for just 6 weeks of care:)

Yes but :o Claire sent them a letter stating the new terms and conditions and they agreed by text- that could be seen as a contract. Remember that a contract is just an agreement, it doesnt need to be written, a verbal contract will stand up in court. I'm just playing devils advocate :o Claire should write a termination letter asap. :)

[claire'scherubs]

Now you see why I am confused:eek:

[Winnie]

Claire Sarah has document in the resource file 'Parents who do not Pay' :)

[claire'scherubs]

Claire Sarah has document in the resource file 'Parents who do not Pay' :)

Thanks now going to have a look

[miffy]

I'd terminate the contract myself and walk away - it's not worth the hassle.

Give Ofsted a ring and say they may get a malicious complaint about you from this parent.

Miffy xx

[claire'scherubs]

Morning All. A quick update for you. I have this morning rang NCMA and I was working with no contract:eek: So I am not having to write a termination letter after all

Thanks for all your help though, I really appreciated it