Ending contract, retainer issues and suffering stress

[mumx3]

Hi All,

I have recently given notice on an U5 toddler following 5 months of looking after him and it having an all round negative impact on other children and me and my family.

I gave notice and parents were really not happy. I explained how sorry I was but that I had to put my own kids first. There main gripe is that they paid a retainer @ 50% for 3 months before the child took up the place.

During the 3 months of the retainer being paid I offered childcare up to the value of the retainer and over the time did weekly coffee mornings and had the child from 1 hour up to 5 hours in any one day. So though they paid a retainer they did get a really good settling in period....and of course I was holding the place and turning other people away.

At the time the parents had the choice to book the place and pay the retainer, or to wait until nearer the time to book the place. I also CLEARLY explained verbally and in writing that all the retainer did was secure a trial period (4 weeks) and that at any point during the trial period either of us (them or me) could end it, and that the reatiner is non-refundable.

The child then went onto full contract 5 months ago. And I have given the arrangement a real good go. I was conscious that the retainer had been paid and so persevered for 5 months even though soon after the child started I could feel it wasnt really ideal for the other kids I look after or my family.

So after the past 8 months (settling in for 3 months and 5 months of full contract) I have decided to give notice.

The first thing parents did was ask for the retainer back. Truth is...I dont have it. I used it to pay my wages as I couldnt fill the place I was holding for them....surely this is exactly what a retainer is for!

Please someone advise. I am so depressed about this whole situation and have ended up with a migraine and throwing up through the stress of it.

Am I out of order for ending the contract and not refunding retainer?

[~Chelle~]

No you are not out of order as that is what a retainer is for. They are technically paying for the space that is available until their child is able to start, therefore, no other child can take or use that space.

A retainer is non refundable as they are paying for the space to ensure that no one else can take the space.

Did you write it into your contracts about it being non-refundable?

Hope you get things sorted out xx

[Nadine Beazley]

Did the parents pay anything extra for the 'settling in' period? If they didn't, then the retainer paid the fees for the time little one was with you! Did they think that aANY hours the child did with you were free?

No, hun, I think you are in the right and they just need it explaining again.

Have you got down in your register when the child came and does it match the amount of the retainer fee? Use this evidence when you explain it again and give them a copy.

Hope you sort it out and try not to let it get to you hun

Nadine x

[mumx3]

Did the parents pay anything extra for the 'settling in' period? If they didn't, then the retainer paid the fees for the time little one was with you! Did they think that aANY hours the child did with you were free?

No, hun, I think you are in the right and they just need it explaining again.

Have you got down in your register when the child came and does it match the amount of the retainer fee? Use this evidence when you explain it again and give them a copy.

Hope you sort it out and try not to let it get to you hun

Nadine x

During all the time they paid a retainer and I provided on-going coffee mornings and settling in sessions they didnt pay anything else. I made it clear that I was available to them up to the value of the retainer during those months and kept a register.

It is written into contracts that retainer is no-refundable.

If I add up all the time spent either settling in or hosting coffee mornings for mum and baby then it comes to not far off the value of the retainer.

I feel they had their moneys worth, but they obviously dont. And are making their feelings well known

[~Chelle~]

If it is written in the contract, there is not much they can do, it is not refundable.

Don't let it stress you out hun, easier said that done, but don't back down x