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keatingschick
17-03-2011, 10:06 PM
Would like a bit of info re notice period for termination of contract.

I've given notice to a parent today, its been a long time coming and today was the straw that broke the camels back. It OBVIOUSLY didnt go smoothly and so I want to make sure I tread carefully.

I am a member of the NCMA and rang for their advice. Thing is my notice period runs into my holidays, and there is a bit of 6 of 1 and half a dozen of the other about it, but obviously she has said that I am not able to work the notice period as stated in the contract. When I spoke to NCMA they have said that obviously I MUST work the 4 weeks notice.

Brief outline....parent says I have not notified re holiday, I am sure I have as all other parents know...its now 3 weeks from my holiday...she argued the toss, and in the end I said that if she really felt I hadnt told her then dont pay me for the holiday (obviously I am not going to cancel the holiday its been booked for 2 years) the erm..."discussion" resulted in her just leaving in a huff and me becoming upset and distressed (have had alot going on at the moment and think its just a build up of things)...and deciding that I cant keep getting upset and so texted to say that I felt we have a strained working relationship I would be doing her a letter but wanted to give her enough warning of 4 weeks notice as of today. I typed up a letter re the notice etc, but it runs into my holiday, which she queried today when she turned up and once again it got quite heated (and I AGAIN became very upset and have been since)...and so I said that if she was questioning it then fine I will work the 3 weeks BEFORE my holiday and then the 1 week AFTER my holiday.

Is this right or do I have to give 4 STRAIGHT weeks notice i.e. I cant do the 3 weeks now it has to be 4 weeks AFTER my holiday??

I never thought to clarify this with the NCMA.

Any "thoughts" or comments?

Thanks xx

wendywu
17-03-2011, 10:36 PM
No i would have thought you can do 3 weeks before the holiday and 1 week after.

She sounds a real pain :mad:

Rubybubbles
17-03-2011, 10:42 PM
No i would have thought you can do 3 weeks before the holiday and 1 week after.

She sounds a real pain :mad:

yes this is what you can do! I gave notice before christmas to which I had some holiday before, and even though it didn't run into the xmas period I phoned NCMA who said as long as I work 4 weeks of the notice.

so you could work 3, have your hols then work 1 last week! You may find she won't use you!

best of luck, handing in notice is very hard:(

keatingschick
17-03-2011, 10:42 PM
TBh Wendy, it really has been the straw that broke the camels back. I've had a lot of problems re behaviour with him that I've SORT OF broached with her but I tend to meet a brick wall of "he is GOOD AS GOLD at home" so I've got to a point where sometimes I dont say anything. Even though I've sat and wept to my development worker cos I've struggled with him. But its not a good working relationship we seem to TOLERATE each other, whereas my other parents I've always been able to chat to them and discuss stuff with them, and been relaxed around them.
Generally this is a bad situation and today has presented itself with my solution. Many MANY times over the last few months I've been faced with things that have made me want to give notice, but I havent, so today I think bearing in mind a few things that have gone on in the last few months, I've just got to a point where I HAVE to give notice or I am going to crack up.

I just didnt know if I had to work the 4 weeks in succession, so the 3 weeks BEFORE my holiday couldnt be counted.
Thanks Wendy x

keatingschick
17-03-2011, 10:44 PM
yes this is what you can do! I gave notice before christmas to which I had some holiday before, and even though it didn't run into the xmas period I phoned NCMA who said as long as I work 4 weeks of the notice.

so you could work 3, have your hols then work 1 last week! You may find she won't use you!

best of luck, handing in notice is very hard:(

Thanks Ruby, I'll just stick to my guns lol. Yes there is an element of me hoping she just says he isnt coming back because the atmosphere is going to be horrible, but yes I'll just work the 3 weeks now and 1 week after.

onceinabluemoon
18-03-2011, 06:45 AM
When I was using NCMA contracts I worked either side of my holiday for the notice period.

MM contracts do not have this clause which I thought was great until I was given notice a week before my Christmas break...

The Juggler
18-03-2011, 07:35 AM
No i would have thought you can do 3 weeks before the holiday and 1 week after.

She sounds a real pain :mad:

you can do this. I did this before. I worked 3 weeks before my holiday and a week after. or, you could compromise with mum, see if you return a weeks money or she pays you a week less you finish before your holiday. silly woman - is she seriously expecting you to cancel your holiday??? She has had notice you are going so end of:angry:

miffy
18-03-2011, 07:49 AM
I agree with the others about the notice period.

In view of what mum has said about not being notified of holidays and just so there is no confusion, I'd write out the dates of the notice period and ask mum to sign a copy of it for your records.

Miffy xx

keatingschick
18-03-2011, 07:52 AM
you can do this. I did this before. I worked 3 weeks before my holiday and a week after. or, you could compromise with mum, see if you return a weeks money or she pays you a week less you finish before your holiday. silly woman - is she seriously expecting you to cancel your holiday??? She has had notice you are going so end of:angry:

The thing is, because she said I hadnt told her re the holiday, I said "ok fine, sorry if you didnt know, tho I cant understand why all the other parents know but you dont, but thats fine, just dont pay me at all for the holiday since you say that you havent been given sufficient notice"

SO...
When I gave notice, I said that as she wasnt going to pay me for the 2weeks holiday then I thought it would sort of balance out with the notice period falling in my holiday, but she said "NO thats not the point, you must WORK the 4 weeks notice period"

Trust me there is no negotiation here lol...so I just said "fair enough I will work the 3 weeks before + 1 week after

The end of conversation was left that she will think about that and get back to me, but my parting words to her were that if she wanted to ring me last night and speak at a more convenient time (i.e. her child not restless and my other mindee not getting restless), then she was more than welcome to.

As I heard NOTHING from her last night, I am today going to draft up an amended termination of contract letter, outlining that the 4 weeks notice period will end in May, and if she comes tonight for another all guns blazing "chat" I am just going to calmly say that it is not the time nor the place, I offered her the option of a private negotiation last night which she chose not to take and so I have re-done the notice letter.

OR I am going to get a text today telling me to stuff my childcare right where the sun doesnt shine and he wont be coming back:eek:

I was in a right state last night and went really dizzy and light headed and have had a really rough night and woke up with ulcers all over my tongue :angry:
I just need to get today out of the way and find out which way its going to go.:panic:

miffy
18-03-2011, 07:56 AM
She sounds like a real control freak!

I would record your conversations with her from now on as this could get even more unpleasant and I think you need to cover your back.

Miffy xx

keatingschick
18-03-2011, 08:14 AM
She sounds like a real control freak!

I would record your conversations with her from now on as this could get even more unpleasant and I think you need to cover your back.

Miffy xx

I know, the thing was I sat down to do that last night after she left, but my head was whirling, I couldnt remember half of the things that were said, I was shaking and just burst into tears after she left. I've had alot of things on lately and I just think its all too much for me, I am doing my absolute best with her considering tbh her child is THE most difficult child I have ever looked after in the 8 years I have been minding and I have been in tears at my development worker as I have struggled with his behaviour. My development worker actually said back then that I must give notice as it was affecting my health, my family life and said that it must be affecting my performance in my job.
But I've not done it, I've carried on. I have spoken re behaviour and she has SOMETIMES sort of discussed it with me but other times thrown back at me that he is good at home - something I am told is RUBBISH and that SHE struggles with him. So I have felt no support/working relationship, and so a while back I decided that I must log in his book any points I felt needed mentioning re behaviour, so that IF I got to a point of notice because of it, she really couldnt say she didnt see it coming.
This is the reason I have been wanting to give up for sometime, I am due an Ofsted inspection and I have DREADED the idea of an inspection with him here because he is worse when someone comes and you know what you are like when you have Ofsted so to be EXTRA stressed.....:panic:

wendywu
18-03-2011, 09:22 AM
[QU


I
was in a right state last night and went really dizzy and light headed and have had a really rough night and woke up with ulcers all over my tongue :angry:
I just need to get today out of the way and find out which way its going to go.:panic:

[/QUOTE]

Right i would go to the doctors with the above symptoms and explain that this woman is making you ill and ask him to recommend that you do not interact in any way with any element that is going to bring on ill health related to stress.

Then that way you do not need to work the notice at all and have a doctors letter to prove it :thumbsup:

The Juggler
18-03-2011, 01:45 PM
she sounds like a right madam and is determined to be in charge. I agree with Wendy take care of yourself. Don't stress about it. Just work the 1 week after your hols, you are keeping your side of the contract in doing so - just don't let it stress you hon. I also offered my family to finish before my hols but they didn't want to.

Enjoy your hols. I bet any money she finds an alternative and wants out earlier anyway.

jane5
18-03-2011, 02:31 PM
poor you:(

I think she will find child care whilst you are on holiday and will not use you for the last week but she probably wont tell you.

Dont let this ruin your holiday by worrying about it

miffy
18-03-2011, 04:45 PM
Hope things haven't gone too badly today.

It's not worth making yourself ill over

Miffy xx

keatingschick
18-03-2011, 06:27 PM
Thankyou all for your kind words.

This morning I woke up at 5 o clock, stomach in knots, lying there playing it all over and over in my head. Starting to imagine all sorts.

Hubby got up and was trying to cheer me up saying how many days to the holiday but I just burst into tears I felt SO LOW.:(

When I calmed myself I told him what I had been thinking, that IF she came wading in tonight all guns blazing I was going to calmly say that I was not going to have another heated discussion, it was not the time nor the place, here with my own family and my other mindees present and that I had offered her the chance to ring me and speak to me last night at a more convenient time for us both, but as she had chosen not to take me up on that offer I had just amended the notice period so it did not include my holiday and that the letter was in the bag stating as such.

Anyway, dinnertime he arrives with a family member, nothing was said, no letter in the bag, no mention in the daily diary - no problems.

I continued with my day, he was fine, put diary in bag, plus letter and waited for mum to collect, she knocked at the door, walked in, stood with her back to me while she packed the bag up, spoke to the child told him to say bye, didnt look at me, acknowledge me or ANYTHING and walked out.:(

It was VERY uncomfortable BUT the thing I was more dreading was her coming in AGAIN for a set to, or maybe asking me to reconsider my decision to give notice because as much as I NEED to end this arrangement, if she was asking me to reconsider or saying "can we work things out?" I would have felt VERY uncomfortable and would have ended up backing down and then regretting it in a week!! When she acted like this I felt that I had 100000000% made the right decision and just resolved to do my job, be civil and just keep my head down and work my notice period.

I cant pretend that there isnt part of me worrying if she is up to something - putting a "complaint" in to Ofsed or ??????

I know she has NO grounds to complain about my care, NOR would Ofsted be interested in our contractual dispute/difference of opinion BUT you just worry that they might just....make something up:panic: