Am i right?

**bunnyjess** · 05-01-2014, 10:08 AM

Had parents sign a contract in august to start tomorrow. Paid a deposit etc and gave me set times. Just txt to remind them to bring their communication passport tomorrow and they've txt back saying no problem. I'll be emailing you later as my. Mum is going to have him 1day in the full week and 2 days in the short week (they're on a two week rota). I replied saying that's fine but I'm still going to have to charge you for 4 weeks as per the contract. Am I right in doing so?! I'm a bit annoyed about this to be honest as I've had a lot of enquiry and have had to turn them away as I'm full.

**yummyripples** · 05-01-2014, 10:12 AM

I think that you are right
She should have let you know earlier. Not a good start is it

**sarah707** · 05-01-2014, 10:19 AM

Oh dear sounds like they are trying to save money

you are right - but you might lose the business.

Hugs xx

**bunnyjess** · 05-01-2014, 10:36 AM

They seem ok about paying the four weeks. I'll see what the email says later. I hate texting people because you never know how to read it

**The Juggler** · 05-01-2014, 10:42 AM

oh hon. sorry to hear this but yes 4 weeks notice applies.

**bunyip** · 05-01-2014, 10:54 AM

Originally Posted by bunnyjess

They seem ok about paying the four weeks. I'll see what the email says later. I hate texting people because you never know how to read it

Very sensible.

At least you can store letters and emails in case you need to verify things later.

Hopefully this will turn out to be a positive thing. Maybe mum just wants to have that time with the little chap and is content to stick with the agreement to pay for time she's booked. Also good that she seems to communicate this in advance: gives you a chance to plan your weeks, and far better than a no-show.

**Zoomie** · 05-01-2014, 11:10 AM

Is the settling in period still functional on the contract?

Even if I did a contract months ago, I always have a settling period for the first few weeks and parents can cancel immediately - although I would keep the deposit.

**bunyip** · 05-01-2014, 11:41 AM

Originally Posted by bunnyjess

Had parents sign a contract in august to start tomorrow. Paid a deposit etc and gave me set times. Just txt to remind them to bring their communication passport tomorrow and they've txt back saying no problem. I'll be emailing you later as my. Mum is going to have him 1day in the full week and 2 days in the short week (they're on a two week rota). I replied saying that's fine but I'm still going to have to charge you for 4 weeks as per the contract. Am I right in doing so?! I'm a bit annoyed about this to be honest as I've had a lot of enquiry and have had to turn them away as I'm full.

Have I been reading this wrong?

It looks to me as if this is just the mum keeping the little chap a home for a few days (hopefully with the CM being paid.)

Is that right or is the parent terminating the contract?

**bunnyjess** · 05-01-2014, 12:17 PM

No they aren't terminating the contact. The dad txt me to say his mum will be having him on certain days. I will have to check the contract to see if I've put in a settling in period or not. If I have can I not charge then? So confused

**bunyip** · 05-01-2014, 12:27 PM

It depends on how the contract is worded, but as a general rule I'd say you're entitled to charge for the cancellation of a few days even within any 'settling-in' period.

The purpose of a settling-in period is to give both parties the opportunity to give immediate notice anytime within the first few weeks if it's clearly not working out. It gives the parents a cooling-off period, especially if their lo is coming home unhappy every day, whilst simultaneously protecting the CM from being stuck with the archetypal house-wrecking 'Son/Daughter of Satan'. The word of contracts should, and usually does, reflect this.

The settling-in period is not there to let clients pick and choose their attendance days, nor conversely to let CMs spring a surprise 'day off' on parents.

So I'd definitely be charging and being clear about starting as we mean to go on. Also make sure they know they can't 'swap' days without your prior agreement. Mum may just be thinking she's somehow 'owed' for the days she keeps lo at home. OTOH she could be happy about how everything should be: you don't know until you've spoken with her.

Do you get payment in advance? I certainly recommend it, and especially so if you're getting clients who may want to chop and change at all.

**bunnyjess** · 05-01-2014, 01:18 PM

Thank you bunyip that's really helpful. I do get payment in advance yes. The dads just said that he's fine with paying and he's sorry if they've messed me about with times. That's a relief!

**The Juggler** · 05-01-2014, 05:34 PM

Originally Posted by bunnyjess

No they aren't terminating the contact. The dad txt me to say his mum will be having him on certain days. I will have to check the contract to see if I've put in a settling in period or not. If I have can I not charge then? So confused

she still has to give 4 weeks notice to change the hours she originally agreed too, particularly if she wants to continue but on less hours. Just draw up a new contract, but the current one stands for the notice period.

**bunnyjess** · 08-01-2014, 03:46 PM

Following on from this post. The dad asked me yesterday if they can use some of their deposit to pay for this week as they can't afford to pay as they've just gone back to work.
I just emailed him saying I can't do this and what day were you planning on paying? I'm a bit stressed by this as I always get paid in advance. They know this and had plenty of time to prepare. Grrr

**bunnyjess** · 09-01-2014, 07:46 AM

Anyone help?

**loocyloo** · 09-01-2014, 07:51 AM

.... hmm to be honest it is totally up to you and how you feel. You run your own business and its up to you. The only way I would accept them using some of the deposit is if you and they work out a system to pay extra to return the deposit to its full amount. So maybe adding a little extra each month or the full amount used the following month.

**bunyip** · 09-01-2014, 09:04 AM

Originally Posted by loocyloo

.... hmm to be honest it is totally up to you and how you feel. You run your own business and its up to you. The only way I would accept them using some of the deposit is if you and they work out a system to pay extra to return the deposit to its full amount. So maybe adding a little extra each month or the full amount used the following month.

I agree. I'd be very wary of letting them run down the deposit until it is no deposit at all - then when they eventually leave, they claim they want their deposit back, thank you very much.

Like you say, it's annoying cos they've had plenty of time to get organised. Yes, I understand the parents in the sense they almost certainly get their wages in arrears - but I'm willing to bet they've spent money on less important things than childcare over that period.

**candy cat** · 09-01-2014, 09:32 AM

Not a good start.... They have had months to budget so I would be getting a little worried how this was going.....If you plan a holiday months in advance you set a budget to be able to pay it don't you so they should have planned better in my opinion :0)

**bunnyjess** · 09-01-2014, 11:57 AM

I know I'm quite annoyed with the whole situation now too if I'm honest. This morning I said that when were you planning on paying and she said they'll have the £140 next Friday. I didn't realise this morning but that's just for this week. So when's she planning on paying next weeks?! Also she said that nan has mixed up her days and she wants to have him on a Tuesday not Wednesday! Grrrr I know he only started on mon but I'm seriously considering giving notice!

**bunnyjess** · 09-01-2014, 12:04 PM

I've just messaged her this;
Hi X Just had a thought. I'm not 100% sure if I can do Wednesdays as when you told me you wouldn't need me I told a parent who's on my waiting list that I now have space available. She is coming round tomorrow though so I will let you know for definite tomorrow at about 5pm.
Also in regards to payment, this morning you said you are going to pay this weeks £148.50 next Friday. Were you planning on paying next weeks money then also? As I do ask for payment in advance

Jess

**shortstuff** · 09-01-2014, 12:08 PM

Originally Posted by bunnyjess

I've just messaged her this;
Hi X Just had a thought. I'm not 100% sure if I can do Wednesdays as when you told me you wouldn't need me I told a parent who's on my waiting list that I now have space available. She is coming round tomorrow though so I will let you know for definite tomorrow at about 5pm.
Also in regards to payment, this morning you said you are going to pay this weeks £148.50 next Friday. Were you planning on paying next weeks money then also? As I do ask for payment in advance

Jess

Good for you x start the way you mean to go on x