Just been given notice..need some advice please.

**Jelly Baby** · 27-10-2014, 11:49 AM

Ive just had a text off one of my mums saying she is giving notice & sending them somewhere else as her tax credits have stopped & its half the price where they are going.
My question is. I don't have them in the holidays and wondered do I use this as a notice period week? or start as of next week when they are with me?
Nothing in my contract stipulating anything specific so not sure what date to give her.

Thanks x

**mrs robbie williams** · 27-10-2014, 12:49 PM

If they are term time only I'd say 4 weeks from start of term x

**tess1981** · 27-10-2014, 12:57 PM

You may have to accept notice from today if nothing on contract says when notice can or cannot be given.

**shortstuff** · 27-10-2014, 01:10 PM

I would say from today also.

**miffy** · 27-10-2014, 01:52 PM

my contracts say 4 weeks paid notice - so if they don't come in holidays (and presumably don't pay then) I would count the notice from the first Monday after half term.

You might find mum has no intention of returning after half term and no intention of paying notice either - but I hope I'm wrong!

Miffy xx

**Mouse** · 27-10-2014, 02:00 PM

If it doesn't say anything in your contracts about it having to be paid notice, or about notice not including any holiday period, I would say it has to start from today.

To be sure you could phone your insurance company for advice.

**VeggieSausage** · 27-10-2014, 02:57 PM

They are giving notice so accept it and count 4 weeks from now, I think that is fair.....

**KateA** · 27-10-2014, 05:06 PM

hi, my contracts states 4 weeks paid notice and no holidays there's or mine will be included. Personally as you are not working due to term time contract i would say notice takes effect from next week when schools go back as this is what I was advised at start of year by mm when I had same query x

**Chatterbox Childcare** · 27-10-2014, 06:30 PM

Pacey contracts are 4 weeks notice of when you are available to work and get paid so if you both agreed to this then it will start on your first working day. What does your contract say?

**Happy17** · 28-10-2014, 05:40 AM

If you have a standard off the peg contract (pacey, mm etc) the four weeks starts the day notice is given and ends four calendar weeks later.

If contract say excludes a period of holiday; in legal terms this means a holiday within the contracted hours.

Therefore, the amount you are due for the notice period is the amount you would have earned in the four calendar weeks had notice not been given.

**Happy17** · 28-10-2014, 08:21 AM

Originally Posted by Happy17

If you have a standard off the peg contract (pacey, mm etc) the four weeks starts the day notice is given and ends four calendar weeks later. If contract say excludes a period of holiday; in legal terms this means a holiday within the contracted hours. Therefore, the amount you are due for the notice period is the amount you would have earned in the four calendar weeks had notice not been given.

Advice given by Citizens Advice Bureau and Small Claims Court.

Simona · 28-10-2014, 09:13 AM

Is there a deposit involved which you have to refund?

Will the parents confirm the notice in writing? texts are really a warning but must be followed by written confirmation so you can finalise your contract and administration.

**childcareclair** · 28-10-2014, 10:05 PM

Originally Posted by Simona

Is there a deposit involved which you have to refund?

Will the parents confirm the notice in writing? texts are really a warning but must be followed by written confirmation so you can finalise your contract and administration.

Agree with this, it has to be in writing so you have it on file. Look at your contract and know where you stand. Good luck

Simona · 29-10-2014, 08:24 AM

Sorry to come back on this as 'notice to end care' and all its implications really bugs me when it comes to parents giving their CM notice.

I would expect any parent to give notice in writing...the same I would expect their employer to give them notice in a professional manner...text is not one of them
Any good contract should specify that very clearly...whether off the shelf or self made

I would insist on written notice signed by BOTH parents or whoever is involved
Record the date received and ask the parents to bring their copy of contract in at the end of the notice so you can finalise the administration and 'sign off'
That would include recording the refunding of a deposit...any outstanding fees paid...sorting out the LA funding in case you need to hand it back....I also confirm end of C/Vouchers with the administrator
Sounds a lot but it it worth doing and takes minutes.

For children who are funded ...2, 3 and 4 year olds I would insist on written notice and I would also discuss notice mid term as some LAs will require funding to be handed back
I am not sure preschools and nurseries accept notice mid term...useful to check really

Any good contract should specify the length of notice required...4 or 2 weeks and along that it should have the equivalent in deposit...no notice means the deposit is kept by the cm
Inappropriate notice means the cm keeps part of it

If your off the shelf contract does not cover this please add your own Terms and Conditions signed by all parties....some off the shelf contracts are very poor in details despite their cost.

Please please check these simple details and do not allow parents to give notice by text or on FaceBook or whatever inappropriate way they choose....business is business and some parenst have very blurred lines on this

Good luck

**bunyip** · 30-10-2014, 11:02 AM

A bit of an 'aside' on the issue of notice for funded children. I had a parent give me notice last month; her child was under LA 3-4yo funding. I called the LA to check how to process this, as funding had already been paid, at least in part (also cos mum was fretting that the new setting might not get the funding.)

Interestingly, the LA asked me, "are you happy to accept the notice?" I should've asked at the time what this meant. Makes me wonder if the LA would've refused to transfer funding to the new setting had I replied, "no."

**bunyip** · 30-10-2014, 11:08 AM

Originally Posted by Happy17

If you have a standard off the peg contract (pacey, mm etc) the four weeks starts the day notice is given and ends four calendar weeks later.

If contract say excludes a period of holiday; in legal terms this means a holiday within the contracted hours.

Therefore, the amount you are due for the notice period is the amount you would have earned in the four calendar weeks had notice not been given.

How refreshing to see a new (?) CM who understands this.

To many seem to believe (IME usually misled by DO's ) that the contractual terms regarding notice and holiday period is purely a cash-cow for childcarers to keep charging clients fees they aren't entitled to, or to prolong the contract beyond what is legally required.

Another reason why it makes sense to insist on written notice is that written notice has to be served. That way the holiday clause also protects both parties from having notice shoved through their door on the 2nd day of a 2-week vacation, and returning from the Maldives to find they have only a couple of weeks to find a new client/CM because they only just found out.

Simona · 30-10-2014, 11:33 AM

Originally Posted by bunyip

A bit of an 'aside' on the issue of notice for funded children. I had a parent give me notice last month; her child was under LA 3-4yo funding. I called the LA to check how to process this, as funding had already been paid, at least in part (also cos mum was fretting that the new setting might not get the funding.)

Interestingly, the LA asked me, "are you happy to accept the notice?" I should've asked at the time what this meant. Makes me wonder if the LA would've refused to transfer funding to the new setting had I replied, "no."

Thank you for sharing that Bunyip...it triggers a bit of reflection

I assume that each LA will have the conditions of paying/repaying funding when children move from one setting to another mid term...these should be clearly stated in their 'Conditions of grant' and I also assume each LA will vary...with mine we have to sign a contract to adhere to the terms

My understanding is that most LA pay funding in 2 instalments...one at the start and one towards the end of the term

I think it may be the reason why preschools charge a term in advance...maybe CMs should look into this too and reflect this in their contract
If CMs buy one 'off the shelf' maybe this could be brought to the attention of the company/association who provide the contracts

In addition any setting receiving a child already funded in another should bring this to the parents' attention