Terminating Contract - URGENT

[pregnant_lady]

My contract with our childminder is blank where it says notice period required to terminate contract. We have found another place for our child and given notice. The CM says we need to give 4wks in writing and pay for them. But the contract section is blank where it can be filled in for weeks required.

We have paid for this week. Our LO will only have gone there 2 out of 5 days.

What is the termination period and do we have to fill it? Esp as the contract is blank.

[zippy]

Most childminders do four weeks notice but if it's blank then that is a fault on her part, if I made that mistake I would have to accept the consequences. Have you signed any other policies from her stating a notice period? Maybe you could contact your home insurance legal helpline for advise generally legal advice is included in most policies and covers you for all legal matters. Hope this helps.

[Pipsqueak]

My notice period is 2 weeks on either side.

If your minder has failed to fill this in then I suppose (I am no legal eagle) technically you don't have to give notice.
However, I would say that decency and courtesy would dictate that you give at least 1/2 weeks notice.

This after all is someone's living and she will have bills, food to buy, rent/mortgage after all. You wouldn't like being given your marching orders from work and your income suddenly reduced without warning would you - particuarly if 'something better/more convienent' was taking your place?

Think human decency - please

[sunbeams]

My notice period is 2 weeks on either side.

If your minder has failed to fill this in then I suppose (I am no legal eagle) technically you don't have to give notice.
However, I would say that decency and courtesy would dictate that you give at least 1/2 weeks notice.

This after all is someone's living and she will have bills, food to buy, rent/mortgage after all. You wouldn't like being given your marching orders from work and your income suddenly reduced without warning would you - particuarly if 'something better/more convienent' was taking your place?

Think human decency - please

I totally agree. :thumbsup:

[pregnant_lady]

To be honest, we would have made the gesture of 2 weeks notice pay had they not brought up the fact that they had asked for legal advice and would be taking this further. This has upset us both.

We just want to know where we stand legally. I have the original paperwork (NCMA contract) and on page 3 of 3 it says period of notice for termination of contract is ____________ weeks.

[miffy]

It seems your childminder has made a mistake in not filling in the notice period on the contract - did you never discuss it with her when you made the initial visit or when you filled in the contract?

It may suit you now to move on and give as little notice as you can but, if the roles were reversed how would you feel had the childminder done the same to you?

Miffy xx

[LittleMissSparkles]

My contract with our childminder is blank where it says notice period required to terminate contract. We have found another place for our child and given notice. The CM says we need to give 4wks in writing and pay for them. But the contract section is blank where it can be filled in for weeks required.

We have paid for this week. Our LO will only have gone there 2 out of 5 days.

What is the termination period and do we have to fill it? Esp as the contract is blank.

I would say this has been an error on her part to be honest, most childminders require to be given/give 4 weeks written notice to terminate a contract so I would say that you do not have to give her any notice unless it is clearly written in her policy documents and you have signed a form to say you have seen them and agree to them. However, as Pip has said above maybe a compromise on both your parts of 2 weeks written notice would be acceptable, I would suggest asking to speak to your child minder and try discuss it and reach an amicable compromise and end the contract on good terms rather than ill feelings

[pregnant_lady]

We would be happy to pay a fortnight's fee. It has upset us that the CM has stated they've taken legal advice and we HAVE to pay the 4weeks.

That is what has upset me. Had the CM been willing to listen and compromise, we woulc have worked something out.

[Pipsqueak]

We would be happy to pay a fortnight's fee. It has upset us that the CM has stated they've taken legal advice and we HAVE to pay the 4weeks.

That is what has upset me. Had the CM been willing to listen and compromise, we woulc have worked something out.

I would take legal advice yourself - there are many solicitors that offer half hour free.

i would write to her stating that you are more than prepared to offer two weeks notice period, given that the section not filled in on the contract is blank and can be interpreted more in your favour at this time seeing as you are the one terminating the contract. However it could have swung the opposite way.

Keep the letter to the point and polite.

[The Juggler]

good advice given already. I would say though that if her fees/contract policies say that notice is 4 weeks and you have signed to say you've read and agreed policies then I think the 4 weeks would stand.

hope things get sorted for you.

[sarah707]

We would be happy to pay a fortnight's fee. It has upset us that the CM has stated they've taken legal advice and we HAVE to pay the 4weeks.

That is what has upset me. Had the CM been willing to listen and compromise, we woulc have worked something out.

Your childminder pays her insurance every year so that she has the opportunity to take legal advice to protect herself should something go wrong with a contract.

It is her right to take legal advice - and I reserve the right to do so in my fees policy to cover myself for situations like this.

Childminding is a very lonely and isolated profession and childminders need the support that their insurance company legal helplines offer.

It's exactly the same as after an accident if someone sues for damages - say your child had been injured and you sued - it's not a personal thing, you are not suing the childminder, you are getting what is legally yours via the insurance company. That is what insurance is for.

I hope you can find a compromise which you are both happy with it seems so sad to fall out if you have been otherwise happy with your child's care. :D

[Erika]

To be honest, we would have made the gesture of 2 weeks notice pay had they not brought up the fact that they had asked for legal advice and would be taking this further. This has upset us both.

We just want to know where we stand legally. I have the original paperwork (NCMA contract) and on page 3 of 3 it says period of notice for termination of contract is ____________ weeks.

It's her perogative to take legal advice. But if her legal advisors have her interests at heart then they'll advise her not to pursue it, because in my opinion she hasn't got a legal leg to stand on in this instance - unless there is anything else which would indicate that you have mutually agreed a period of notice for termination. It's not just written contracts that are legally binding, so if you have agreed it in any other form, then she may have a chance. An example of this could include it being written into a policy that you signed, if there is a policy stating the notice period and you have signed it, that will likely be deemed acceptance of the terms thus a contract. Verbal agreements are also binding but can be much more difficult to put to proof in a civil hearing. If there isn't anything to indicate that you agreed to a notice period, tell her to go ahead and take you to court but her claim will be vigorously defended and that you'll enter a counter claim against her for costs (your legal fees).

Yes, she needs to make her living like everyone else and yes it was possibly a simple mistake in her ommiting that part of the contract. Both of you signed that contract and when you signed it you did not agree to a notice period. I know that I would be extremely disatisfied if I signed a contract which I was happy with and the other party later attempted to get me to pay in lieu of something that I had not agreed to. In law, only the enforceable can be enforced. In the absence of an agreement, it would be unenforceable and she cannot sucessfully argue that you have to give her 4 weeks notice because it's what she deems to be fair or because that's what is in her contracts with other parents or because she has to earn a living.

[Trouble]

Isnt the first 4 weeks of any contract a settling in period where anyone can walk away ? without notice

on the bottom of the first page it says date of contract to start from
but it should also say settling in period check this date

but i agree with the other ladies:thumbsup:

[The Juggler]

Isnt the first 4 weeks of any contract a settling in period where anyone can walk away ? without notice

on the bottom of the first page it says date of contract to start from
but it should also say settling in period check this date

but i agree with the other ladies:thumbsup:

i don't use the notice free settlign in period - can't afford to give notice/be given notice without any money coming in:(