Verbal contracts & Public Liabilty Insurance

[mandy moo]

Can any one help/answer this
Say for example, If you have a verbal contract with a childminder,
and say for example said childminder is with MM or NCMA would the childminders Public Liabilty still be valid?
Im pretty sure about the answer to this but have tried to call NCMA legal line earlier but they were busy, so left an message, however nobody has called me back..

[boxtree7]

How do you prove you have a verbal contract -:panic:

[mandy moo]

Well this is it!!

Basically I was questioned on that,
I said that if they didnt have a written contract, they probably wouldnt be insured.
And was told this was wrong..
before I go back to them, I want to get my facts right!! :)

[mandy moo]

Bumping

Anyone know the answer, Pauline, Sarah707, Angel, Pip, Ricky, Blue...
anyone??

[Pipsqueak]

A verbal contract can be proved if witnessed by another party (preferably independent) and it would be a legally binding contract.

A verbal contract IS a contract but can be very hard to prove /disprove.

However it would definately be worth checking with some form of solicitors

[sarah707]

If you were to have a verbal contract you would need to ensure all the information normally contained on a written contract was discussed and agreed in the presence of a witness who understood the various sections of the contract.

You would also need to provide parents with a copy of the discussion in the same way as you currently provide them with a copy of the written contract as this ensures their understanding and covers you in case of misunderstandings or inaccuracies in memory later.

To be insured for receiving help from your insurance company in the event of contract disputes you would need a written contract in place before care starts.

Why on earth would anyone want to work without the security of a contract in place? :huh: I really don't understand.

Hth :D

[jumpinjen]

I thought a written contract was a legal requirement? Don't oftsed ask to see them sometimes?

Jen x

[Pauline]

Now I'm not sure here, I thought you did not have to have a contract but if you don't have one you are not covered for claims for non payment etc.

However you will still be covered for public liability for accidents etc, otherwise wouldn't your policy state that you must have a written contract before it comes into force?

Better check the small print folks. :)

[Pauline]

Why on earth would anyone want to work without the security of a contract in place? :huh: I really don't understand.

I have in the case of temporary care, covering for a sick childminder etc. there was no point really having a written contact, if they didn't pay I would have been annoyed but would just never have helped them out again.

I have of course done all the necessary paperwork for permissions, child records, medication etc. etc.
:)

[Pauline]

I thought a written contract was a legal requirement? Don't oftsed ask to see them sometimes?

Jen x

I've never been asked. :)

[mandy moo]

Thanx people, will have another go phoning the NCMA as well tomorrow.

I just dont understand why any body wouldnt want a written contract.