Notice period advice

[Kerry30]

Looking for advice really on how to word a letter to parent or any other advice please. Parent is refusing to pay notice period because she didnt realise she had to given written notice! Basically I have been asking parent since easter if lo is going to pre school in september. She had been rather elusive about the answer, finding an excuse not to give a straight answer (this family has been with me just under 5 yrs and we've always had a very good relationship). Lo comes 2 days a week plus a school aged sibling in school hols.
Wk com 11 August I took 1 week holiday (which I gave over 4 wks notice for as per contract). On 22 August parent turned up in morning and said guess this is last day with you. I said I needed written notice as a notice period needs to paid. Cue angry parent!. Parent told me week before I went on holiday that lo would not be back in September as going to preschool (after my asking yet again). There was no discussion about last day, it was literally 'oh yeah been meaning to tell you, got to go' type thing. Parent was not happy on collection time telling me I should of told her about written notice. I said it was in the contract and she agreed to the terms and conditions. She was quite nasty to me tbh. Said she wasnt going to pay as far as she was concerned she gave me 4 wks notice (verbal). She told me the week b4 I went on holiday and the contract states notice period cannot include a holiday period from either party (old ncma contract) plus it wasnt in writing. I explained this and got told it wasnt her fault I took holiday! I kept to being factual. Parent is on holiday on 23rd aug for 2 weeks, and said why should she pay for her hol as she told me about that 2 mths ago. But 2 mths ago as far as I was concerned lo was still coming to me after their hols. I charge full pay for parent hols and dont charge for my holiday. This parent also pays in arrears. So far I havent been paid for the days ive already worked in Aug. Have invoiced them for Aug to be paid by this friday, but as they are abroad im skepical as to whether ill get paid. Parents parting words were we'll speak when I get back from holiday. I received an email from them last fri eve, but didnt actually give notice in it just trying to get out of it. I havent responded as yet. Spoke to MM and they said if contract states for 4 wks written etc then I can go by that, anything else is goodwill on my part.
I will admit im not very good with confrontation, and was very upset after she left (i cried). Children didnt even know they wouldnt be coming back to me and she shooed them out the door so fast I didnt even get to say bye.

[shortstuff]

Im so sorry to hear you are being treated like this. How about this for your letter?

After having received advice from my legal representation I would like to remind you that there is a 4 week notice period stated in the contract signed by both you, your Partner/husband and myself which needs to be received in writing. The payment due to cover for this notice is £xx which is due to be paid using our normal method by xx date. As also stated in the contract there is late charges which I will apply to this payment of £xx per day for every day this is paid to me after the stated date.

It has been a true pleasure caring for x and y, I'm sorry that I didn't get a chance to say goodbye and hold a little leaving party.

Kind regards

Kerry30

I would then include the final invoice and a photocopy of the relevant parts of the contract highlighted in the appropriate places.

[AdeleMarie88]

Im so sorry to hear you are being treated like this. How about this for your letter? After having received advice from my legal representation I would like to remind you that there is a 4 week notice period stated in the contract signed by both you, your Partner/husband and myself which needs to be received in writing. The payment due to cover for this notice is £xx which is due to be paid using our normal method by xx date. As also stated in the contract there is late charges which I will apply to this payment of £xx per day for every day this is paid to me after the stated date. It has been a true pleasure caring for x and y, I'm sorry that I didn't get a chance to say goodbye and hold a little leaving party. Kind regards Kerry30 I would then include the final invoice and a photocopy of the relevant parts of the contract highlighted in the appropriate places.

Yes I agree, I think that's a perfect way to end it! Depending on how she responds, you can the decide if you need to take it further. Well done for sticking to your guns. I am assuming that you won't see her now, but I would try avoid all contact unless it's via written word.

[Chatterbox Childcare]

If a parent gave me verbal notice I would either ask for it in writing or respond to it myself. Further to our conversation today I am writing to confirm the 4 weeks notice given today and as per our contract (my holidays are not included) the final day will be xxx

This way you both know where you are.

bit confused why you couldn't take notice then but the end timing will still be the same.

I urge you to contact your insurance company now and start the ball rolling and not leave it until they returning from holidays

[bunyip]

I agree with Chatterbox. Put this in the hands of your insurer/legal team asap and follow their advice. Shortstuff's letter is excellent: just check with your legal team that they agree the content is suitable.

Like Chatterbox, I'm also puzzled as to why you didn't take steps to formalise the verbal notice and confirm the last day of care in writing. It is not at all uncommon for people to give verbal notice which the other party then confirms in writing. I certainly would have put the thing in writing to the parent, maybe quoting the date 4 weeks hence as the last day of care unless the parent replied in writing to put the date back. I do understand why you felt it proper to stand by the contracted arrangement of 'notice in writing', but it remains to be seen whether that has helped you at all or created a problem which you might end up paying for.

A court or judge may rule that verbal notice was sufficient, irrespective of what the contract says: there is such a thing as 'unconscionable terms' within contract law. I'm not 100% sure, but if the Law grants people the right to make verbal agreements, verbal changes, or give verbal notice, then one cannot simply have a client sign away such common law rights.

If your client never gave you a definite end-date, that should help your case. But a court may decide you acted unreasonably by not making any move to formalise things based on the fact you knew the client intended to leave. You'll need your legal people to check this.

There's another potential issue over the matter of whether a notice period can include any time at which either party is on holiday. The contract might say so, but according to a thread we had running a while ago, this has previously been over-ruled (can't remember whether it was actually an in-court ruling or an out-of-court advice from a judge/solicitor. (???) I don't know exactly how these particular contracts are worded, but the NCMA/pacey ones (and probabl;y MM and others) appear to be badly misunderstood and misinterpreted by CMs to be saying more than they actually say. IIRC the legal ruling was that notice should not be given whilst either party was away on holiday (sensible: you can't be expected to start finding a new CM or a replacement client if your sailing through the Skagerak or climbing Everest at the time.) But the idea of not being able to include a week of holiday within the 4 week notice period was totally rubbished. 4 weeks notice is 4 weeks notice, irrespective.

Anyway, I'm not a legal expert, so strongly advise you to put this in the hands of those you pay to be legal experts. I certainly hope it all works out.

[shortstuff]

Shortstuff's letter is excellent: just check with your legal team that they agree the content is suitable.

Ah thanks Bunyip