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Hi I posted the other day about my main mindee verbally handing his notice in on thursday. I explained I would need 4 weeks written notice (which she hasnt given me yet!)
She then asks me on friday if I can have him just 1 day a week now to which I agreed but she doesnt seem to understand this 4 week notice thing.....
Hi :),
I would just write a simple letter confirming your conversation: 'As agreed in our contract the notice period for current contract is x weeks, any amount due,
'On x day you requested that days change to x (followed by new dates/times when these will start), what new fees etc will be and when they will be due etc. Hand it to her and ask her to sign to say she has recieved it/or post today and if she has any issue it will be up to her to raise it with you. I would do 2 copies get both signed and attatch one to my copy of contract or do a separate sheet with new hours/times, staing all other terms and conditions remain the same. Also 2 copies, both signed by all parties, one copy each.
Good luck. Once its in black and white should be easier for parent to grasp the concept :thumbsup:
Sounds like she's asked for the 1 day so she doesn't have to pay 4wks notice of normal fees, once she's done 1 day a week for a couple weeks she'll give notice so she'll only have to pay the 1 day notice fee.
I agree you need to formally accept notice by way of a letter, confirm 4 weeks verbal notice given on x date, confirm what is her last day and the fees due until that point, I would then also add that although she only wishes to send one day a week, her contracted days will still be available to her until the end of the notice period.
If she queries having to pay for days she's not sending her LO point out that (if it says so in your contract, I know mine does) you require 4 weeks notice for a reduction to contracted hours.
Good luck, hope you find a replacement swiftly
IIWY, I'd contact my legal team for advice. Without wishing to second guess, here is what I think would apply.
Insist the parent gives you written notice. Most contract stationery is quite clear about the need for this (in the notes/small print.) Tell the parents that, although it seems like a fussy formality, it is in fact the only way to be fair on you, all your clients and any prospective client/enquirers who may ask about your availability. This kind of situation can get messy. It's all very easy and friendly to do it all verbally, until mum changes her mind: that's why clarity is the most important thing here.
Treat the current arrangement and the new (1 day pw) arrangement as 2 separate entities, each requiring a separate contract, rather than treating this as an amendment to the current contract. You are entitled to the full notice period (or payment in lieu if your contracts state this) for the current arrangement, unless you mutually agree to waive that right. Don't get me wrong, I believe notice periods are there to give everyone a fair chance to make new arrangements: in this case, to fill your vacancies - or for a parent to find childcare if the CM gives them notice. I don't think notice periods should merely be an excuse for a CM to be paid for doing nothing, as some seem to believe: but I don't think that's what is happening here.
The fairest way to look at these scenarios is to ask, "what if this were the other way round?" ie. Would mum think it fair if you suddenly told her you'd only have the lo once a week, effective immediately, with no notice period? No - she'd be entitled to expect fair notice and a chance to completely reconsider her childcare arrangements. So you're equally entitled to be treated reasonably as per the contract.
I think you're entitled to the full notice period before the new 1 day pw arrangement begins: or payment in lieu of notice. However, you may need to consider the parents' reaction to this. It could lose the the client, or sour the relationship. Not your fault, but you may need to consider the effects, and whether it might be better just to suck this one up for the sake of keeping the client for 1 day pw. OTOH you're entirely within your rights to decide the 1 day pw offer isn't worthwhile and tell the parent you won't accept the change. If you'd rather have the place fully available, and think you can fill it, then you don't have to accept the offer.
Do you have a 4 weeks deposit which you are holding until the end of notice?
To stop these situations happening over and over again this is a way to avoid them:
1 Take a 4 weeks deposit from start of care, payable once settling-in starts and contract signed...record this in the contract (date paid)
2 End of contract must be given in 'written' form and signed by both parents...verbal notice must be confirmed in writing....put this in your Terms and Conditions or contract in bold
3.deposit will be 'refunded at the end of notice period' ONCE all outstanding fees have been paid. Deposit will be refunded by cheque only (if you do not have a cheque book you can substitute BAC transfer and keep the reference No. in your records)
4. inappropriate notice will mean loss/part loss of the deposit and , if any outstanding fees are due, these will be deducted from the deposit.
5. For administrative purposes 'written confirmation for end of care' will be from the beginning of the month (first day of care) it applies to and cover the 4 weeks in that month...this is to allow the cms to carry out administrative chores such as 'signing off the contract' and confirmation from parents C/Vouchers have been suspended.
No one could argue with that...it was advised by a solicitor
As independent cms we really must start getting to grips with these issues...check your contracts and make sure they cover all eventualities and everything is as clear as a bell to parents...a signature in agreement of these T&Conditions MUST be by both parents
good luck!