QueenoftheSouth
13-07-2011, 05:53 PM
I am hoping that someone on here can help me with this
I have been ill and off work this week. Parents all contacted me to say not to worry, just take week off. I was due to go back to childminding on 18th July.
Then I am on a weeks hols from 25th-29th July.
Parents of full time mindee came to see me today to say they cannot manage if I am off, that they have no leave left and are stuggling to get childcare for mindee. So they were giving me notice, 4 weeks from today.
BUT mindee isn't coming back, they have started him in the local nursery.
So parents then say "we haven't used any of our free hols, and we have 4 weeks left, so we only need to pay you for the 3 days you worked last week.
Contract says (its a Morton Michaels contract form)
This contrct may be ended by either of us giving 4 weeks notice to the other, except where I have told you in this contract that I may give/accept shorter notice than stipulated. If you give shorter notice than stipulated you will have to pay the fees to me that would be due for the remainder of the notice period.
So, I am confused, do they need to pay me for the 4 weeks notice even though the have chosen to take child out early,a nd also can they assumethat the free holidays can be taken as a reason not to pay me
I also have written on contract "as per policies" where it applies. Parents also had a copy of my policies, which clearly says "notice period cannot be taken when either party is on holiday" but doesn't say anything about parents being able to take holidays in lieu of notice
I have been ill and off work this week. Parents all contacted me to say not to worry, just take week off. I was due to go back to childminding on 18th July.
Then I am on a weeks hols from 25th-29th July.
Parents of full time mindee came to see me today to say they cannot manage if I am off, that they have no leave left and are stuggling to get childcare for mindee. So they were giving me notice, 4 weeks from today.
BUT mindee isn't coming back, they have started him in the local nursery.
So parents then say "we haven't used any of our free hols, and we have 4 weeks left, so we only need to pay you for the 3 days you worked last week.
Contract says (its a Morton Michaels contract form)
This contrct may be ended by either of us giving 4 weeks notice to the other, except where I have told you in this contract that I may give/accept shorter notice than stipulated. If you give shorter notice than stipulated you will have to pay the fees to me that would be due for the remainder of the notice period.
So, I am confused, do they need to pay me for the 4 weeks notice even though the have chosen to take child out early,a nd also can they assumethat the free holidays can be taken as a reason not to pay me
I also have written on contract "as per policies" where it applies. Parents also had a copy of my policies, which clearly says "notice period cannot be taken when either party is on holiday" but doesn't say anything about parents being able to take holidays in lieu of notice