Parents threatening to leave before notice period, advice please?
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  1. #1
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    Default Parents threatening to leave before notice period, advice please?

    Hello all, it's been a long time since I have posted on here!!

    I have a child who has been with me for 12months, doing 4 days a week. In sept this went down to two days with me and 2 days at nursery. I had always suspected that they were going to go there full time.

    Yesterday I had a phone call to say child was leaving, and how much notice would I require so I said the agreed amount, 4 weeks, as stated and signed in our pacey contracts. Mom said ok I will let nursery know. This morning I received an email to say that the 4 day place is available now and nursery want him to start immediately or risk losing his place forever which is something they don't want since his name has been on the list since birth.

    So they want to leave end of next week. I reminded them about 4 week notice period and they have said they have no intention of giving me four weeks and they can't afford to pay both settings so I have to deal with it. I have spoken to pacey and they have advised me what to do next but I basically have to wait until there is a debt.

    I'm gutted and contemplating saying they may as well go now because I am going to have to stomach a loss in money either way. I would rather it was now and not a few weeks before Christmas.

    What would you do? Shall I follow the letter of the law and go down legal route when they inevitably don't pay what they owe or shall I say leave now?

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    Oh my goodness...some people!

    In my heart If they have no intention of paying I would tell them to do one!! but I'm not sure if that's the right answer lol. I don't have time for people like this so they would be straight off my books. Do you have the 'no intention of paying' in a written email?


    I'm terrible at things like this so hoping someone with a more sensible answer comes along to help you with legal matters etc.

    Good luck
    Time Out.. The perfect time for thinking about what you're going to destroy next.

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    No way would I let them away with that.

    I would point out they have entered a legally binding contract with you . and 4 weeks is the amount they need to pay. You are happy to provide care during that time.
    They either need to wait the 4 weeks to start at nursery , or pay nursery as well. The choice is theirs , but the fact that pressure is being applied by the nursery does not mean that their legal obligation to you is diminished.

    I would word it something along the lines of sorry to hear that nursery are putting you into this financial dilemma , however as per the terms of contract 4 weeks payment remains due. That you don't wish to follow the legal approach to receiving the fees but will if needed. Leave them in no doubt that they cant bully you into not being paid.

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    My own advice comes from what I personally do.

    Once a parent is ready to leave I let them go whenever they wish as I have found it only causes tension for the last few weeks, and that is not an environment I can work in. My whole business is through word of mouth and it would only take one disgruntled set of parents and I potentially could lose new clients. There is also the added worry of the parents making a malicious complaint to ofsted if they feel peeved with the situation.

    If they leave end of next week and you use yesterday as the first day of notice then they will have payed you 2 weeks of the notice period. Is the cost of the additional four days worth any hassle? THis is only something you can decide. If you make them stay for the 4 weeks how will relationship be for those 4 weeks? strained or normal? Would you be happy working in a strained environment for those 2 weeks?

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    That's terrible.: I would also be inclined to say leave now and tough if they have no care for next week! Can't believe they have done that to you; you were good enough when they had no nursery space.! Have they paid you for this week and next? I am not sure I could work with them the last few days and wouldn't see why I should frankly, but I also don't know where you stand legally with this.. Can you ring pacey with this scenario and ask?

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    Thank you both.

    Yes the words they used in email, "we are not negotiating with you on this, we have no intention of paying for four weeks"

    I'm blown away by their lack of respect to be honest. They keep emailing me but I have only responded twice, both times I have said the same thing, notice period is payable to x date. All I get in response is they are freelance they expect curtesy and understanding.

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    Agent think- that's my thinking but then so seem totally hypocritical after mentioning terms of the contract.

    Yes they have paid up until next week. It would leave me tight but wouldn't break me financially but that's not really the point. The terms of the contract shouldn't come be a surprise to them...

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    As you are a Pacey member I would follow their advice. Send one more email, polite but worded strongly saying you both entered into a contract and you expect the notice period to be paid. Also mention that you ave taken legal adive and will act upon it if this is not agreed. Be prepared for a few weeks of a rough ride. But you have earned your money and need to be paid. Hopefully they are trying it on. Keep in contact with Pacey. Best of luck. Keep us posted..

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    Pacey told me to issue a final bill for the remainder of the notice period and if child leaves with this debt then they will follow it up with parents. But until then I'm to stick to facts and communicate via email so I have proof of my responses.

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    I've never been in this situation before, even after 4 yrs of childminding so I suppose I have been fortunate. *deep breath in*

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    Quote Originally Posted by AdeleMarie88 View Post
    Thank you both.

    Yes the words they used in email, "we are not negotiating with you on this, we have no intention of paying for four weeks"

    I'm blown away by their lack of respect to be honest. They keep emailing me but I have only responded twice, both times I have said the same thing, notice period is payable to x date. All I get in response is they are freelance they expect curtesy and understanding.

    I would put something along the lines of

    Thank you for your email regarding the nursery place you have been offered for xxx.
    As the signed contract states, a 4 week notice period is due from (date) and care will be offered until (date)

    As you are unwilling to stick to the terms in the contract and have told me that you don't intend to pay for the 4 weeks notice, I am cancelling the contract with immediate affect and care is terminated from today (date)
    I wish you and xxx lots of luck for the future and if there is anything else you wish to discuss, please let me know



    I don't know legally if this is ok but this is what I would do....
    Time Out.. The perfect time for thinking about what you're going to destroy next.

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    How many days have they got left that they have already paid for?

    Personally, I would try cutting my losses. I would suggest that as the working relationship has broken down by their refusal to accept the terms of the contract, they should leave with immediate effect and you will take the money paid in advance in lieu of the notice period. At least that way you will get some money and wouldn't have to see them again.

    The only time I have had a parent leave on bad terms was over something similar. They didn't want to pay 4 weeks notice as the nursery place became free at short notice. I offered a compromise and said they could pay 2 weeks notice which would work out 1 last week with me and one week when he'd started nursery. Mum was very rude and told me to forget it, shouting at me on the doorstep. I had a think about it, phoned her up, told her to come and collect her child immediately and not come back again. They'd paid for the week, so I knew I'd at least been paid for the work I did and a couple of extra days.

    I think you need to look at the amount of money they owe you and decide if it's worth the hassle of taking them to court. I thought I was the sort of person who would fight for every penny I was owed, but when I was actually in that situation I just wanted rid of them as soon as possible and to move on to the next family.

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  20. #13
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    Mouse - 4 days they have paid for, taking them to the end of next week. The cynical side of me thinks the nursery have told them this all along but they have strung me on, it's probably not the case I'm just bitter and annoyed at the minute!

    It's not the first time mum has been hard work but I put it down to her being an anxious parent, dad is usually very pragmatic and respectful, but I'm getting emails from both of them constantly and feel a bit ganged up on.

    I don't want to make a silly decision but they clearly don't care about me.

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    Quote Originally Posted by AdeleMarie88 View Post
    Thank you both.

    Yes the words they used in email, "we are not negotiating with you on this, we have no intention of paying for four weeks"

    I'm blown away by their lack of respect to be honest. They keep emailing me but I have only responded twice, both times I have said the same thing, notice period is payable to x date. All I get in response is they are freelance they expect curtesy and understanding.
    THEY expect curtesy and understanding
    Time Out.. The perfect time for thinking about what you're going to destroy next.

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    Oh yes crackers, because they have allowed me to have 15days off in last 12months 😫

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    This sounds absolutely awful for you. I wonder if it would be worth phoning PACEY again and saying that you are being harassed by the parents and would this come under the immediate termination part of the contract? In any case, I would reply to parents in writing (not email) and state that this is now in the hands of your solicitor and you will not respond to any more emails regarding fees but have been advised to direct these to PACEY instead.

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    I'm sorry they are being like this to you. What ignorant people they are. Great advice given already. I also don't think I could continue to work with them but like others I don't know where you stand on this. Big hugs. x

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    Quote Originally Posted by AdeleMarie88 View Post
    Mouse - 4 days they have paid for, taking them to the end of next week. The cynical side of me thinks the nursery have told them this all along but they have strung me on, it's probably not the case I'm just bitter and annoyed at the minute!

    It's not the first time mum has been hard work but I put it down to her being an anxious parent, dad is usually very pragmatic and respectful, but I'm getting emails from both of them constantly and feel a bit ganged up on.

    I don't want to make a silly decision but they clearly don't care about me.
    So if they have given notice now it would cover this week, next week (when they would leave) and 2 additional weeks? They would owe money for 4 day's care?

    If they are being stroppy I would email saying:

    Dear Parents

    Further to your emails and your refusal to comply with the terms of our contract, which you agreed to, I propose we end our contract with immediate effect. The money paid for this week and next week will be used in lieu of notice, so our contract will end as of today with no further fees being charged.

    If you do not accept this proposal and continue to bring X to me while insisting that you will not pay the full 4 weeks notice as set out in our contract, you will leave me with no option other than to follow the legal advice I have been given. I would then expect you to show me the same courtesy and understanding that I continue to give you for the remaining time that X is with me.

    I am sorry you have taken this approach and feel sad that it has soured the end of my time with X. Regardless of this I wish him all the very best at his new nursery.

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    Yes that's right mouse, they strangely over paid last month which is why this month's invoice is a bit here and there. But they have paid until next week. If they were to follow the terms on the contract they should pay up until 2nd December which would mean 4 more days are owed.

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    It's not a lot of money and I don't want to fall out with them. I cannot see how they are going to budge and pay up so I'm beginning to accept the idea I should just give notice now. It's so maddening! (Is that even a word?)

 

 
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