Need some advice/ experience- choosing not to renew a temp contract?

[bigfuntime]

Sorry I have a feeling this may be complicated but I will try to post an abridged version of the situation I now find myself in!

I am just starting out as a CM and have had lots of enquiries, and have signed up my first mindees who are siblings needing one day a week. The contract is temp til Xmas to be reviewed if the parent's job moves from being temp to longer term in the new year. I also have interest for a few more one day a weekers. The parent needed this care urgently and I know it is unlikely anyone else in the area would have 2 spaces at such short notice, so I believe I was her only option.

Literally a few hours after signing the contract with this parent, I had a phone call from a teacher, wanting term time only on the days I work (ideal for me), she's round the corner from me and I already know her kids (they attend the same toddler groups as me with their current CM). Here's the thing I don't know what to do about though-

She wants the care to start from January, so it is possible I could do this, but only if either the lady I've just signed up says she doesn't need me, or of course, if I tell her I don't want to renew the contract.

My question therefore is, considering the contract I've just signed with the parent of the siblings is temp until Xmas to be reviewed, could I say in a few weeks time that I won't be able to renew after Xmas?

I'm considering the fact that the parent may not need me after Xmas anyway, and even if she does it still won't be permanent, just slightly longer term (she's covering sick leave). Also the parent won't want term time only, and I'd prefer this. The problem will come if the parent does need me still after Xmas, as I'd then be giving her notice, not the other way around, and I'd hate to leave her in the lurch (but if I give her enough warning she could make other arrangements anyway and both children already attend one different setting each so they may be able to find space.)

If anyone's got any advice or had a similar experience I'd be so grateful. Thanks

[Kiddleywinks]

Was an end date written on the temporary contract?

If so, then there is no other commitment on your part to extend it, if parent asks you can just say unfortunately you won't be in a position to renew in the new year and give her the phone number for the local FIS, or if you know of CM with spaces, their details.

I guess it also depends on what has been said between you prior to signing, but I think I would pre warn temp parent that there is no longer a space after Christmas.....

[bigfuntime]

Was an end date written on the temporary contract?

If so, then there is no other commitment on your part to extend it, if parent asks you can just say unfortunately you won't be in a position to renew in the new year and give her the phone number for the local FIS, or if you know of CM with spaces, their details.

I guess it also depends on what has been said between you prior to signing, but I think I would pre warn temp parent that there is no longer a space after Christmas.....

Thank you, when put like that it makes sense. There is an end date on the contract for some time in December, and I know legally I'm not bound to continue care after this time. I suppose what I'm most worried about is the fact that the space has always been discussed in that she'll let me know as soon as she knows if the job is continuing after Xmas, not the other way round (i.e. not me saying 'yeah I'll do this for you now but if something else comes up I'll have to not renew). But that is completely down to my lack of experience and how caught off guard I was with the whole situation (phone call one evening, meeting the very next morning and asking to sign up a few days later for start the following week, I was expecting a much slower process to be honest!)

I would not like to tarnish the whole time her children are in my care with a feeling of me leaving her in the lurch, but from a business point of view (which I am running!) it would be better to take on the new parent as its going to be a long term thing, and is all the hours I am happy to work. Basically a difference between guaranteed business, and 'perhaps' business.

[bunyip]

Simple answer to your question: yes, of course you can refuse to renew a temporary contract. In fact, you'd be perfectly within your rights in such circumstances to end even a permanent contract, so long as you gave the proper notice. In many respects, that's the point of the contract.

I use the word "permanent" with due caution: our work depends upon parent's employment, and very little is certain with anybody's employment under Late Capitalism's crisis measures.

There's always a danger you'll regret changing horses in mid-stream. You can never really know what the new family is like to work with until you've done it; but that goes for every arrangement so, hey-ho.

As for reputation, bad feeling and "leaving in the lurch", I tend to think childcare is a lot like early teen romance. All too often there is a dump-er and a dump-ee and there all too few amicable separations. I confess this is a little simplistic, but it's a fact of life that a high proportion of childcare arrangements consist in essence of 2 parties waiting to see which will eventually leave the other in the lurch.

[Ripeberry]

Hope it all works out for you.

[tess1981]

I agree with bunyip. .. you have an end date and if it was me I would explain you have another lady looking more hours and as a business decision you need to sign the other lady... obviously word it a little better but I had to ring a parent I used to mind for who was off on maternity. I told her I would wait for her to come back to me an not advertise. There was no retainer but I was quiet and happy to wait. However a mother approached me to keep her 2 children full time (other was term time only and I didn't charge when they not here). I made the decision to contact the mother on maternity leave and said I didn't advertise but someone asked for the space and as she was not due back for a few months I told her I needed to consider my own family and finances. She totally understood even said she had a wee cry but she also said I needed to do what was best for my family as my wage is the only one in the family (single parent). Sometimes we need to think of ourselves.

[bigfuntime]

Thank you everyone for all your advice. It's so helpful to be able to talk to others who have been in the situation and properly understand it.

I have spoken to the parent, she was understanding but perhaps also a little disappointed. However I myself feel a lot happier and a lot more confident with where my business is going now that I have agreed with the full timer for January (meeting next week for deposit).

Thanks again

x

[Kiddleywinks]

Pleased to hear things weren't as bad as you feared...

I think we all, at times, over complicate things in our heads that are actually far more straightforward when we face them head on

It's always slightly more difficult when starting out to make firm decisions, lack of confidence, lack of enquiries, lack of financial security for the foreseeable future, wanting to please everyone, all contribute to our internal fears, but I'm a firm believer in things happening for a reason - in this case, greater clarity about how you want your business

The forum is a great place to gain different viewpoints over different scenarios.
I know I spent a very long time before being registered looking at others difficult situations and how they were resolved, or not in some cases, and it really helped me to decide the direction I would go in should that same situation present itself to me.

Hope things go well for you next week

[MrsP2C]

Thank you everyone for all your advice. It's so helpful to be able to talk to others who have been in the situation and properly understand it. I have spoken to the parent, she was understanding but perhaps also a little disappointed. However I myself feel a lot happier and a lot more confident with where my business is going now that I have agreed with the full timer for January (meeting next week for deposit). Thanks again x

I think you were right to tell parent but for future reference I would have waited until I had signed contracts & deposit from the full timer. I'm sure everything will be fine but many of us have been stung in the past by assuming a 'definite yes' actually meant a definite yes only to find either last minute change of plans or worse (but sadly more typical) they disappear off the face of the earth & you never hear from them again 😣