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Giving CMer notice- can anyone clarify this please?

(20 Posts)
OneWithTheForce Wed 01-Feb-17 21:42:45

I am ending the contest with my childminder.

My contract says:

"Period of notice required to end the contract: 4 weeks. (Notice of termination of the contract must be given in writing *and should not include a period of holiday or paid time off*)

I have bolded the part I am unsure of.

I will give 4 weeks' written notice and of course pay for the 4 weeks however I will not be sending my children for care during those 4 weeks. So, does this 4 week period then become a period of holiday or paid time off?

OneWithTheForce Wed 01-Feb-17 21:43:33

Well I thought I had bolded the part I was unsure of! It's the part about holiday or paid time off.

LottieDoubtie Wed 01-Feb-17 21:45:24

I'm not a legal expert. BUT that doesn't look legal. She can't force you to send your child for four weeks just to make it 'count' as notice.

So I wouldn't worry and proceed to pay her for four weeks but not send your DC.

OneWithTheForce Wed 01-Feb-17 21:48:00

Well DC won't be going back. I am ending the contract due to how they've been treated by her and her husband. It all came out on Monday when I collected them. I'm furious but I will give correct notice. This contract is one that is prepared by NICMA (I am in NI)

Willow2016 Wed 01-Feb-17 22:58:50

You dont have to send the kids but you do have to pay for the 4 weeks.
Whether you pay it all at once or weekly is up to you.
Do put it in writing and keep a copy. And get reciepts for the payments.

If you or the cm have not booked holidays for the 4 week period then its fine. If you or the cm have booked holidays which you are both aware of then these are not included and should be treated as per your contract. I.e. if you pay for her/your holiday time then you pay it, if you dont then you dont. You work the 4 weeks around it.

Downstairspoo Wed 01-Feb-17 23:14:16

It means pre booked holiday or something like paid sick leave
I'm sure they'll be no problem with paying four weeks and not sending the children
Is she going to complain that she's been paid yet not had them? I don't think so

OneWithTheForce Wed 01-Feb-17 23:14:44

Thanks willow. Neither of us have holiday booked. She does have some days where she has said she won't be available but I don't pay for those days. I don't think they count as holidays. I think she said she has a training course on those days.

OneWithTheForce Wed 01-Feb-17 23:15:55

Thanks downstairs, yes I agree it would be odd if she did complain but I just want to do everything as per the contract to avoid any hassle.

Badhairday1001 Wed 01-Feb-17 23:25:58

I think it just means that you need to pay for the four weeks notice regardless of if they attend or not. It sounds like your being generous though, if I had been forced to remove my kids from their childcare due to inadequate care then I wouldn't pay. If it's serious please inform ofsted/ local council as other children may well be attending. Hope you get everything sorted and your children are ok.

Willow2016 Wed 01-Feb-17 23:27:02

Those days shouldnt count as she isnt available anyway.
Just put it in writing you are giving 4 weeks notice as of such a date and ending on such a date and that your kids wont be attending the setting for that period.

Sorry you had a bad experience with a cm. You can make a complaint if you feel that the childrens wellbeing was compromised. But you really need to go through her complaints policy and put it in writing what the complaint is, why you are removing the kids and that you are taking it further before going to her registration body to make a formal complaint.

OneWithTheForce Thu 02-Feb-17 00:00:52

Children are ok. They had been grumbling for a while about not liking being there and that nobody there liked them. I just put it down to kids squabbling and them just wanting to be at home but then on Monday CMer husband apparently made a snide remark to DS2 about losing a computer game to their son. DS was so upset and took himself to bed as soon as we got in. I asked DS1 (11) what happened and he told me and said it's always been like that. I feel awful that I dismissed it all before. Anyway, they don't have to go back. I'm resigning from my job and going back to part time cleaning work during term time.

Willow2016 Thu 02-Feb-17 00:06:35

Aww dont feel so bad, if you didnt know the actual facts of what he was saying to them then you couldnt do anything about it.
Glad they are ok and you have it all sorted out.

OneWithTheForce Thu 02-Feb-17 00:10:19

Thanks willow.

Dizzywhore Wed 08-Feb-17 21:18:29

I'm asking the same thing but from the other side! I'm a cm and want to give notice but the family are off for a week. Where do I stand? Do I add a week on and make it 5 weeks? Thanks. Sorry for the high jack 😊

OneWithTheForce Wed 08-Feb-17 21:21:17

No worries dizzy hijack away! grin

Dizzywhore Wed 08-Feb-17 21:28:48


HSMMaCM Thu 09-Feb-17 08:32:00

Dizzy I would give 5, to give them time to look for alternative care. You can always offer to let them finish a week earlier if they want to without charge.

jannier Thu 09-Feb-17 14:28:35

Holiday or paid time off means if either of you have already booked time off or for example its the Easter Holiday and you don't come. It is designed so that should either party be going away during that time they are not disadvantaged in looking for alternative care or cant do this if your on holiday for 2 weeks so would not have childcare sorted on your return.
If on eof you has already planned time off you pay 4 weeks plus the normal rate you would have paid while away/she was off so notice is extended to 4 weeks plus the number of days off. If you don't want the time you pay and don't go...or if its mutual your cm may say I can fill the space so ill not charge...if your lucky.

jannier Thu 09-Feb-17 14:34:01

"Thanks willow. Neither of us have holiday booked. She does have some days where she has said she won't be available but I don't pay for those days. I don't think they count as holidays. I think she said she has a training course on those days."

these days should be added to the notice as they are still booked as her time off you don't pay for them normally so don't pay now but technically your finishing date would be 4 weeks plus these days. As she is not able to look for alternative work in these days. In practice she probably wont mind as they are not attending anyway.

OneWithTheForce Thu 09-Feb-17 14:50:01

Thanks jannier I hadn't realised that. I gave the 4 weeks notice on Monday and she accepted it.

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