Need advice about NCMA contract being canceled before it's even started!

**katedobinson** · 01-10-2011, 01:14 PM

I was asked to take on a ladies little girl Tues/Weds/Thurs 8am to 3.30pm and was paid retainer to hold the place from 1st August to 4th October and we filled in and both signed the contract to this information.

Well 2 weeks before the start date she calls me and her hours have changed so mine would need to, to Tues 8am to 3.30pm and Weds/Thurs 1.30 to 5.30, said I'd have to think about it as that was a whole day a weeks pay loss but before I got back to her she said she had it wrong and was actualy 2.30 to 5.30pm Weds/Thurs so yet another 2 hours loss a week.

This morning she has decided to just cancel altogether and I'm feeling very messed about. I know that I don't have to give the retainer back as she has cancled but what happens about the contract it's due to start on Tues and I have turned away so much work with holding this place

Do I still need to have 4 weeks written notice from her? and does she need to pay for these or not?

I'm going to phone the NCMA on Monday but wanted to see if anyone here had any idea until then.

**rickysmiths** · 01-10-2011, 03:40 PM

No she doesn't have to give you any notice I'm afraid nor would she in the 4 weeks settling in period.

This is why I tahe a four weeks fee on sigining a contract even if they are going to pay a retainer, I keep the Deposit until the end of the contract and it normally covers the four weeks notice. If the contract is cancelled by them before the start or they decide to leave with no notice during the four weeks settling in I keep the deposit and in this case the retainer as well.

Its such a pain when parents do this. At least you have had some payment though.

Have you kept the names of the other parents? Can you get back to them and see if they still need care?

**The Juggler** · 01-10-2011, 09:33 PM

sorry to hear this hon.

ricky is right though, no notice is due as contract has not started. I always take a 4 week non -refundable deposit so that way you have a month;s money to fill the space should this happen in future

**candlequeen** · 02-10-2011, 08:43 PM

On the NCMA contract you should have filled in dates for a settling in period (no notice on either side) and then an official contract start date. The official contract start date is the time from when the notice period sets in.

**rickysmiths** · 03-10-2011, 12:40 AM

Originally Posted by jasminebro

On the NCMA contract you should have filled in dates for a settling in period (no notice on either side) and then an official contract start date. The official contract start date is the time from when the notice period sets in.

Thats not correct. The contract officially starts the first day the child is in your care.

This could be several weeks before the full contact hours start if you do staggered settling in times. For instance I offer a min of 3 free settling in sessions usually starting with a 1 hour one.

That is why just above this you fill in the dates of the 'Settling In' period. It is recommended that this is four weeks but it can be shorter if thats what you want to do. Then during the agreed settling in neither side have to give noice to end the arrangement. However this may be the first four weeks that the full contract hours are worked.

It is important that the Contract is dated on or before the child starts in your care or you may not be covered by your Public Liability Insurance.