contract help please

[leopardlady]

Notice of termination of the contract by either party must be given in writing, and should not include a holiday period. A minimum of two and a maximum of four weeks notice of termination is suggested. If it is necessary to end the agreement straight away, then payment in lieu of notice should be made. Childminders should note that parents may incur additional costs (eg: loss of earnings) as a result of immediate termination of a childminding contract, and may be in a position to claim such losses. In ordinary circumstances both childminder and parent should serve an appropriate period of notice.

What does 'should not include a holiday period' mean please?

[phoenix2010]

it means that you cannot give 4 weeks notice which includes a holiday , eg christmas , or a holiday you or the parents have booked

4 weeks means 4 weeks of actual childcare

[Rick]

It just means a notice period must include no holidays. So for example a parent can't give 4 weeks notice then go on holiday for 4 weeks.

[leopardlady]

Hi, so I have 2 weeks holiday in 2 weeks, which has been booked since November. The parent has known since then and has booked the same 2 weeks off work. They have now decided that they dont want to pay my contracted fees for these weeks so have given me 4 weeks notice. The last 2 weeks are the holiday weeks. How would this work in relation to notice? Also the next payment is due in 2 weeks and I am pretty sure she won't pay. How would I stand legally if she doesn't pay? This is a nightmare!!!

[Zoomie]

4 weeks notice will take 6 weeks in reality:

Week 1 - First week of notice
Week 2 - Second week of notice
Week 3 - holiday period
Week 4 - holiday period
Week 5 - Third week of notice
Week 6 - Fourth week of notice.

With regards to fees, are they in advance, arrears? My fees are in advance so, 2 weeks pay would be due beginning of week 1 (assuming this is beginning of the month) and 2 weeks pay would be due beginning of week 5. The challenge is to get them to actually pay, but if you haven't had your fees by the end of the 6th week (or 4th week of notice) contact your insurance company for guidance on claiming it back. It is your money, and you are entitled to it, whether the child attends or not.

[leopardlady]

thanks for all the replies, that clarifys the situation for me. thank you.

[dette]

Hi, so I have 2 weeks holiday in 2 weeks, which has been booked since November. The parent has known since then and has booked the same 2 weeks off work. They have now decided that they dont want to pay my contracted fees for these weeks so have given me 4 weeks notice. The last 2 weeks are the holiday weeks. How would this work in relation to notice? Also the next payment is due in 2 weeks and I am pretty sure she won't pay. How would I stand legally if she doesn't pay? This is a nightmare!!!

hi x what is your holiday payment policy..eg i dont charge when i'm on holiday,but some CM's do
,do you charge when mindees are on holiday.Is the dispute the fact that theyre off when you are so you expect their half rates (or whatever it is you charge)
If you dont charge when you are off then what do they need to pay ?
I find it simpler to not charge when i am off to avoid this situation,parents will need to either pay for other childcare or take their holidays at the same time,but if i'm already off and not available to work then there should be no fee payable.
Look again at your contract and make sure this isnt just a case of crossed wires,is it worth ending a contract for 2 weeks holiday pay.
I know this isnt what you were looking for advice on but until i know your holiday policy i cant really answer your question

[leopardlady]

Hi, this is just another in a saga of ridiculous issues. The notice is quite a relief, so to me the financial issue is secondary, however I do expect what was agreed to at the beginning to be adhered to. To be honest I do not want the contract to go on after I return from holiday, however I do not want it to appear that they are 'doing me a favour" by paying what is due up to the termination date, however should it be kept amicable I am willing to include the 2 weeks holiday in the notice. I have gone the extra mile and further for this family and nothing is ever enough, so going separate ways suits everyone.

[hectors house]

I came back a lovely holiday in Florida many years ago to find on the mat a letter to end a childminding contract - they had dated it the day I went on holiday and thought they would get away with only having to pay a further 2 weeks - however I wrote them a letter detailing the "not including period of holiday" clause on contract and the lo did come for the whole 4 weeks. Which in hindsight wasn't such a good idea as they were the parents from hell and I could have got rid of them 2 weeks earlier if I hadn't insisted they give 4 weeks full notice! So sounds like you are in a similar situation.