contracts and parents help

[karenandsmile]

where can parents get help over their contracts i rang ncma and they said they cant help parents as they are their for the childminder and to get a solicitor to deal with it ???

she has given the childminder written notice and the childminder said that wasnt good enough ??? she also wants 4 weeks notice and paying for christmas day and boxing day ????? ive been a childminder for a long time and not come across a childminder saying written notice isnt good enough now the mum not sure what to do and i dont know what to tell her ??

[VeggieSausage]

4 weeks notice - yes including xmas day etc if that is in the contract.

What do you mean written notice is not good enough....how else do you terminate a contract?.....does she mean that the 4 week notice still applies even if they have given it in writing - which is true.....

[dette]

if contract says 4 weeks notice then thats what it is ..either 4 weeks until they finish or pay the 4 weeks that you would have used..i would only expect xmas pay if i was working it,other wise the 4 weeks doesnt include holidays so would continue after xmas until 4 weeks are up

after rereading that its about as clear as mud

[SammyL]

Id say that after reading your post that the parent isn't happy about having to give / pay for the 4 weeks notice.

In most contracts it does state clearly the number of weeks notice they are to give...which contract did they use?

I wouldn't however be paying for Xmas & boxing day unless they were actually open & working, which I doubt they are!! lol

Any contract issues are legal matters though & would require a legal body to help with any proceedings or just someone who knows contracts. I'm very familiar with contracts as I worked at high level management before becoming a childminder so if you need any help just et me know

xx

[The Juggler]

i'm a bit confused too. the childminder cannot refuse written notice (unless she has some weird notice conditions specified in the contract). However, the parent must give the notice period required in that contract. If notice in contract is 2 weeks or none (i.e. a settling in period) then the childminder can't demand payment for 4 weeks. However, if settling in has expired then the full notice period applies.

can you tell us what the contract specifies?

[bunyip]

where can parents get help over their contracts i rang ncma and they said they cant help parents as they are their for the childminder and to get a solicitor to deal with it ???

she has given the childminder written notice and the childminder said that wasnt good enough ??? she also wants 4 weeks notice and paying for christmas day and boxing day ????? ive been a childminder for a long time and not come across a childminder saying written notice isnt good enough now the mum not sure what to do and i dont know what to tell her ??

I'm confused too.

My gut instinct is that there has either been a misunderstanding, or the CM has panicked at receiving notice and said things without stopping to think.

Is written notice actually an issue here, or is it just the way the OP is worded? Is the CM disputing:-
1. The way notice is given?
2. The length of the notice period?
3. The money due for the notice period?
4. Perm any combination from above (?)

Really these should all be covered in the contract. If not covered in the contract, then I suppose a solicitor would look at what is "reasonable" or justifiable in the circumstances. In fact, even terms within a contract still have to be "reasonable". I do wonder if the CM might have failed to specify arrangements for giving notice within the contract. There was a similar post here very recently from a CM who had done just that, and was a bit shocked when the parent gave immediate notice. The general concensus of replies was that the parent was probably entitled to do so. (Btw, I'm not suggesting that is the same case as this one: only that such things happen.)

With regard to the Christmas matter. I think it is always best if the CM writes back and confirms the final date for care, final payment arrangement, reminder to notify tax credits, and other admin issues, etc. If I was a parent and saw the final date had been extended (put back) due to Xmas, then I'd expect the CM to be closed at Xmas and not charging me for it unless we already had some other specific agreement. In fairness, this should be in the contract: otherwise Xmas is just another Tuesday.

NCMA will not advise parents on contract issues. The fact that NCMA do or may advise the CM presents a conflict of interest: representing both sides of a legal dispute would not only negate their involvement, but may also lead to a charge of malpractice. The parent really does need to speak with a solicitor. The only other group I can think of that might help is the Daycare Trust - see their website or call 0845 872 6260 (020 7940 7510)