Am I breach of contract?

**twinkle76** · 04-08-2008, 07:28 PM

I have had a misunderstanding with one of my parents over payment for holiday. The arrangement was that she had booked time off when i was still working, but because it was for an appointment for my child which hasn't come through yet It was my own decision to not be paid thinking I would have enough funds. I text her at the start of the week asking for payment forgetting I wasn't getting paid. Now she is saying she is terminating contract and reporting me. I have text her to say that I realise now it was no fee and can we put it behind us, I have heard nothing yet. HELP!! In my contract it states full fee if i am still working and no fee if not working.

**kindredspirits** · 04-08-2008, 07:33 PM

i'm slightly confused. is this right - she wanted time off. you were still available for work but agreed not to be paid. then you forgot that and asked for payment and she's kicking up a stink??

if thats right then even if she kicks off she's got to give you your notice period etc and you're not in breech of contract.
i'd imagine it will all blow over if you've said you forgot etc perhaps she is just a bit highly strung about money. but at the end of the day you were doing her a favour by not charging so its not your problem.

hth
anna x

**scottie** · 05-08-2008, 06:08 AM

Originally Posted by kindredspirits

i'm slightly confused. is this right - she wanted time off. you were still available for work but agreed not to be paid. then you forgot that and asked for payment and she's kicking up a stink??

if thats right then even if she kicks off she's got to give you your notice period etc and you're not in breech of contract.
i'd imagine it will all blow over if you've said you forgot etc perhaps she is just a bit highly strung about money. but at the end of the day you were doing her a favour by not charging so its not your problem.

hth
anna x

have to say i agree with anna you made a mistake it happens we are only human

**angeldelight** · 05-08-2008, 07:25 AM

I just cant understand why she would go off on one at a mistake

We have all been there and done it - we all make mistakes

When you are into a set routine about something - eg payments you just expect it automatically sometimes even when you are not going to be getting it - you made a mistake she is acting like you have taken her money and spent it !!!!

I would have to go and see her fact to face it if was myself

I would want to sort it out

Dont panic you have not really done anything wrong have you

Let us know how it goes

Angel xx

Pipsqueak · 05-08-2008, 07:53 AM

and even if she does report you (to Ofsted) its a "contractual dispute" and they won't want to know.
I would write her a quick not saying it was a misunderstanding and that being only human you forgot that you had agreed it was an unpaid period.
Only apologise once.

Sounds like she is a bit sensitive where money is concerned (mind you aren't we all at times).
Just a quick question why has she booked time of while you are still working for an appointment you haven't had yet (for your child)? (bit confused)
Generally the rule of thumb is that if you are working and open and they choose not to use the setting for whatever reason then they pay but the old mantra - your business your decisions as to how you work it out with the parents. Sounds like you have already been generous.

**twinkle76** · 05-08-2008, 08:23 AM

How it started was my child had a appointment at the hospital for a checkup and to see when he had to go in next. The doc said it COULD be the end of july or start of august, I told her this and she booked last week off, I kept telling her the appointment hadn't arrived yet so in the end I decided to let her have the week free when she asked me thinking I would have enough funds. Why did I do this I should have said full fee and I wouldn't be in this mess.

**PaulaR** · 05-08-2008, 08:48 AM

as someone who is having a serious dipute with a parent at the moment and in the process of taking them to court. I would say that to cover yourself, write a letter to her explaining your error and keep a copy of the letter for your files. Then you've covered yourself. It's such a minor thing it should blow over.

**Pudding Girl** · 05-08-2008, 09:44 AM

What an over reaction to a simple mistake ffs

Is she maybe just looking for a quick get out clause?? She's getting a ****** good deal with having a week of free care- if I read that right, am a litle confused there?! can't imagine why she should get a free week tbh!!

**twinkle76** · 05-08-2008, 02:13 PM

I have been on to the NCMA and they said to write her a letter stating that she has to pay in full 4 wks money wether it be weekly or straight off. The thing is she is a single mum and she knew from day one the contract details.
I just don't understand!!

Pipsqueak · 05-08-2008, 02:48 PM

Originally Posted by twinkle76

I have been on to the NCMA and they said to write her a letter stating that she has to pay in full 4 wks money wether it be weekly or straight off. The thing is she is a single mum and she knew from day one the contract details.
I just don't understand!!

So is mum terminating the contract then? Or is NCMA saying that she should be paying in advance?

You ain't the only one who doesn't understand some of these parents either!!! lol (Single mum or not a contract is a contract)

**twinkle76** · 05-08-2008, 03:05 PM

yes she terminated contract on saturday, got a text.

**Pudding Girl** · 05-08-2008, 03:08 PM

A text? Is that allowed for terminating contracts?

**Minstrel** · 05-08-2008, 03:13 PM

I would ask for the termination in writing - silly for her as you could delete it and claim you never got it. And the four week notice period would be from when you got the letter.

( oooo and i've just noticed i'm amber.....)

Pipsqueak · 05-08-2008, 03:25 PM

I would write her a polite letter as NCMA suggest saying that you have received her text of termination on xxx date but could she please confirm in letter format.

Sounds like you are best rid

**miss muffit** · 05-08-2008, 03:35 PM

Originally Posted by Pipsqueak

I would write her a polite letter as NCMA suggest saying that you have received her text of termination on xxx date but could she please confirm in letter format.

Sounds like you are best rid

this is what i would do and i would include the outstanding bill

some people

good luck and let us know how you get on x

**Minstrel** · 05-08-2008, 03:42 PM

I dont think i understand what she is reporting you for- unless i have missed something??

**Alibali** · 05-08-2008, 06:09 PM

It's definately just a get out clause, she obviously doesn't want childcare anymore and wants a way out without paying! Grr this money thing is definately the hardest part of this job. You're well rid of someone who can treat you like that anyway.

**cloud9** · 05-08-2008, 09:33 PM

Originally Posted by Pipsqueak

I would write her a polite letter as NCMA suggest saying that you have received her text of termination on xxx date but could she please confirm in letter format.

Sounds like you are best rid

I was told that even verbal notice is sufficient but you are the one responsible for then putting it in writing that you confirm you have received notice stating the dates etc

**twinkle76** · 09-09-2008, 08:23 PM

Hi everyone,
Just thought I would let you all know I received a visit from Ofsted in the holidays saying annonomous complaint had been made against me, by the time the investigation had finished I was so cheesed off, I decided I am looking for other work, can't be done with being treated like dirt.

**miffy** · 09-09-2008, 08:29 PM

Originally Posted by twinkle76

Hi everyone,
Just thought I would let you all know I received a visit from Ofsted in the holidays saying annonomous complaint had been made against me, by the time the investigation had finished I was so cheesed off, I decided I am looking for other work, can't be done with being treated like dirt.

You obviously think it was this parent who reported you. I've just read the thread thinking it was a recent one - I couldn't understand how such a simple mistake could have led to her terminating the contract especially when she'd had a week off and hadn't had to pay!

I'm sorry it's made you decide to give up childminding but wanted to wish you good luck

Miffy xx