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childminder moved to a property 5 miles away over the summer. should we pay notice of termination?

(50 Posts)
stormers Mon 05-Sep-11 21:06:05

Our childminder recently moved five miles away while we were on holiday.
Before the holiday in July, the CM was not sure she when she would be moving, we stated that we would look for other arrangements, but if we could not find any, then we would contact her. This was interpreted by her as ' a request for her to keep us a space for DC'.
When we returned from holiday at the end of august, she confirmed her new address by text. We put it in writing that we had to find new arrangements, due to the distance to the new house. We have no objection using her at her old address which is close, and on the contract we signed and agreed to.
The standard NCMA contract states that if we terminate we must pay 4 weeks notice. However, it is because she has moved, we have not seen the new house. Do we have to pay 4 weeks notice as a result of her moving?
We have agreed to pay 2 weeks termination notice as there may have been a misunderstanding back in july, when we were unsure of how soon move would take, and she thought we asked her to keep a space, when in fact it was a polite cancellation. Please advise.

ChitChattingaway Mon 05-Sep-11 22:24:21

No you don't. Her old address is on the contract, not her new one. SHE is the one who cannot continue to act under the old contract, not you. She cannot enforce this and she would be foolish to even try.

amy175 Mon 05-Sep-11 23:15:39

i think you should pay 4 weeks notice as you didn't put your notice in writing. Moving doesn't mean your dont having to put your notice in writing.

amy175 Mon 05-Sep-11 23:17:31

It is up to you to ask to see the new house, and you didn't so hardly her fault. As long as ofsted are happy with the new house then this doesn't cancel your contract.

stormers Mon 05-Sep-11 23:17:45

according to CM she ' saved a space for DC' since July because of our polite cancellation which was misinterpreted by her. according to standard NCMA contract does CM not need to inform us in writing of a new address?

amy175 Mon 05-Sep-11 23:20:34

You didn't cancel your contract unless you put it in writing, which means she wouldn't have been under any misunderstanding. And she did inform you of her address.

amy175 Mon 05-Sep-11 23:24:18

there is nothing in the contract about childminders address

amy175 Mon 05-Sep-11 23:25:20

you need to put your notice in writing now and pay up to date and then 4 weeks from now.

MollieO Mon 05-Sep-11 23:28:37

Can I just say that amy175's advice is completely and utterly incorrect. However you know that anyway as you have been advised on the other thread by CMs as well as others with knowledge of contract law.

stormers Mon 05-Sep-11 23:31:04

thanks Amy175 our termination was accepted end aug by CM with 4 weeks notice to pay. are there any CM who could contact NCMA to find out if new address makes old contract null and void? NCMA wont speak to parents?

MollieO Mon 05-Sep-11 23:32:05

<<invisible, moi?>>

amy175 Mon 05-Sep-11 23:35:13

so if you have already got an answer why re post?

amy175 Mon 05-Sep-11 23:36:30

so the childminder accepted your notice end of aug? and has said she would take 2 weeks? then why post?

MollieO Mon 05-Sep-11 23:37:14

The OP doesn't want to believe anyone who isn't a childminder but has chosen to ignore lots of advice on the other thread, some of which is actually legally correct! I figure the OP wants to pay the CM and probably her dh doesn't so she is seeking justification of her rather odd position on this.

stormers Mon 05-Sep-11 23:37:45

because advice in conflict - as above posts show! so was advised to repost on CM board to get their advice and ask above question about ncma.

amy175 Mon 05-Sep-11 23:38:42

oh ok. just pay the 2 weeks and move on.

amy175 Mon 05-Sep-11 23:39:38

ncma contract doesnt say anything about the childminders address though, just looked.
dont you have your contract to check?

MollieO Mon 05-Sep-11 23:45:12

I guess the NCMA contract must have changed. The last one I saw had a space for the childminder's address. How does a CM register with Ofsted these days if they are able to agree contracts without a stipulated place of business?

amy175 Mon 05-Sep-11 23:47:19

in MY OPINION, you knew she was moving away so you had a choice to cancel with 4 weeks notice but you didn't do it in writing. So pay the 2 weeks and move on, hasn't she been a good childminder? Does she deserve to be messed about?

amy175 Mon 05-Sep-11 23:49:42

i'm talking about notes saying change of address meaning no notice of termination. i think we are answering different interpritations of the OP.

amy175 Mon 05-Sep-11 23:50:47

my opinion may not be the lawyers one but it seems more nitpicking to try and get out of paying

amy175 Mon 05-Sep-11 23:51:58

i would expect and new contract to be signed if the childminder moved, not automatic termination with out notice.

MollieO Mon 05-Sep-11 23:54:25

Sorry but the place of CM is a condition of the contract and that is important in contract law. hmm

MollieO Mon 05-Sep-11 23:55:23

You cannot make one party to a contract sign a new contract just because the other party felt like varying the terms of the original contract. hmm hmm

amy175 Mon 05-Sep-11 23:55:43

maybe it is in law but i think the op is being unfair to a good childminder.

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