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can I terminate my cm contract with immediate effect

(89 Posts)
filibear Sat 05-Jan-13 07:47:46

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filibear Sat 05-Jan-13 07:48:33

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mellen Sat 05-Jan-13 08:21:46

I think that if you leave him there until you have found other childcare you will struggle to argue that the care was so poor that you couldnt serve out the notice period.

filibear Sat 05-Jan-13 08:26:19

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mellen Sat 05-Jan-13 08:35:06

Have you given notice yet? If so how long do you have left to serve?

filibear Sat 05-Jan-13 08:38:51

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RobinsBaubleSparkles Sat 05-Jan-13 08:44:34

I know a CM who was left with immediate effect but they still had to pay her. I'm sorry that's not very helpful.

You could leave but you would probably still have to pay because it's in the contract unless you could find a way around it.

RobinsBaubleSparkles Sat 05-Jan-13 08:47:12

I'm sorry about what is happening with your DS btw. Not changing him so that he gets nappy rash is absolutely disgusting! I would be heartbroken.

filibear Sat 05-Jan-13 08:53:02

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Bicnod Sat 05-Jan-13 09:11:13

I left a cm with immediate effect and didn't pay her because she had already broken her side of the contract by not providing DS with adequate levels of care.

I wrote to her to this effect detailing all the ways she had broken her side of the contract, and saying we were therefore no longer bound by its terms and would be removing DS from her care with immediate effect and without compensation.

I haven't read your other thread but if safety has been compromised surely you should report to Ofsted? This would also strengthen your case for terminating contract due to her not fulfilling her side of it.

If you leave your child with her while finding alternative care I don't think you'll have a leg to stand on. Can you take emergency unpaid parental leave?

filibear Sat 05-Jan-13 09:13:32

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minderjinx Sat 05-Jan-13 09:24:39

I think in context that this is intended for a situation where a childminder feels obliged to stop caring for a child who is a danger to itself or others, such as a persistent biter or hitter.

I am sorry to hear that your DS has not been properly cared for, and certainly think failing to change a nappy sufficiently often warrants a complaint, or even justifies giving notice, but I doubt it would be seen as good reason to quit without notice without any evidence of any attempts to put this right. I haven't read all your previous threads, but if my child came home with a sore bottom a couple of times I would be having a word, and if it kept happening I'd write a written complaint and expect a written reply (as well as a rapid improvement in frequency of changes). Your childminder should have a complaints procedure, but most will move heaven and earth to avoid any minor concerns developing into formal complaints.

Incidentally, I think in most employment situations inadequate performance would result in a warning (or several) and that instant dismissal is quite uncommon. With a contract situation you have the option of giving notice without needing to provide any justification or evidence of poor practice, so I think your position is much stronger in that you can insist on improvement with the absoluate right to end the arrangement (after proper notice) if it is not to your liking.

minderjinx Sat 05-Jan-13 09:26:43

Sorry x-posted. My first sentence refers to Filibear's findings on the NCMA site.

MaryPoppinsBag Sat 05-Jan-13 09:31:23

If you are that unhappy with the care provided leave immediately and take unpaid time off, until you sort out another form of childcare.

I read the other thread and can I just say that my nephew suffers from nappy rash and it doesn't matter how often you change him. Once the offending poo has been in contact with his skin it makes it sore sad
No neglect in his case just the way he reacts. Particularly bad when teething or after being given Calpol. Does she have permission to apply sudocreme?

With regards to tweeting - is it extreme or could it coincide with a break? I work 12 hour days some days and reserve the right to check my smartphone and have a brew!!! Or heaven forbid sit down and eat.

If I felt strongly enough about it I would remove my child. It is an awkward situation.

Sorry if I've missed out any key facts in the case. Just trying to put a different perspective on it.
Although there's no excuse for not changing nappies, if you know that to be true.

MaryPoppinsBag Sat 05-Jan-13 09:33:04

Sorry x posted with a fee

MaryPoppinsBag Sat 05-Jan-13 09:33:15

*few

filibear Sat 05-Jan-13 09:34:38

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filibear Sat 05-Jan-13 09:38:05

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filibear Sat 05-Jan-13 09:39:18

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ReetPetit Sat 05-Jan-13 09:39:32

Sorry it has not improved op. What happened yesterday?
I think you have no option but to remove ds and for you and dh to cover untol you find someone else as unpaid leave.you may be lucky and find another cm/nursery very quickly,you are looking at the right time of year!
Alternatively,you could leave him there until you find someone,making it extremely clear what you expect re nappy changing but then you would probably have to pay the notice period as you couldnt then say you feared for his health...
Its difficult,i know it seems unfair but cms have to have the noitice periiod in place or we would potentially have parents leaving all the time and leaving us without income.

ReetPetit Sat 05-Jan-13 09:43:16

X posts sorry, god, that is awful,she sounds like a lazy,neglectful cow! Withdraw him, write your concern.s in a letter to her and cforward it to ofsted an dont pay her.
Where are you op? Maybe one of us could cover? Xx

filibear Sat 05-Jan-13 09:45:27

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ReetPetit Sat 05-Jan-13 09:47:54

What a shame,im not in your area but im sure others here are. You will find someone/somewhere lovely,dont worry x

Tanith Sat 05-Jan-13 10:56:25

Have you put your concerns in writing? She's obliged to answer those concerns and to deal with them. It also strengthens your case for removal of your child.
You should have more unpaid parental leave than that if you've been employed for a year, is it worth checking that? Is your husband entitled to it?

I think you have 3 options:

Give immediate notice and either find a place with another childminder or nursery, or use either your or your husband's emergency parental leave.
You do risk being chased for non-payment of notice period: that's fine if you can show you were justified.

Give 4 weeks notice now and find an alternative place, putting in a request for you or your husband to take unpaid parental leave to cover either a shortfall in childcare or settling in. You may want to put in a written complaint.

Carry on until you find a place. Put your complaint in writing, then give notice in the usual way once you have an alternative.

I don't think you can realistically terminate with immediate effect at a later date if you leave your child there now. Unless something happens to justify it, of course.

MaryPoppinsBag Sat 05-Jan-13 13:04:46

Can you find an alternative CM? For emergency care. I'd offer you my services but I'm in Yorkshire.

I agree frequency of nappy changing is unacceptable.

She must be stupid to think she can get away with that and the tweeting! Makes me cross. angry

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