Who is in the right? Brief overview

[ScotishTrisha]

Hello
Just wanted some advice from both sides as to what do and who’s in the right,
I started to get doubts with my childminder after she started to mess me around, said someone she was with tested positive then few days later phoned saying they lied and she could take him I dropped him round with a few tips for her etc she replied with an uneasy message which left me feeling a little worried the rest of the day not long after the first message, messaged me again to say she couldn’t take my child the next day as she had to do something the following day (not a valid reason in my eyes) not even 24 hours notice she said she would take it as unpaid, I started to notice my child was getting unhappy getting dropped off which also made me feel uneasy following week I’m in work a get a phone call to say ms has a temperature and is sick I left work and seen to him straight away gladly he was ok nothing wrong I checked his temperature no temperature either hmm I messaged her that night saying Iv made other arrangements and I won’t be sending him back
She still wants paid for 4 weeks notice period,
Have they broke the contract or not? With less than 24 hours notice for day off ?
any replies are good!

ScotishTrisha

[TVDFan]

Yes you have to pay the 4 weeks notice.

[prh47bridge]

You list five incidents. Two of them are just you or your child being worried which is definitely not a breach of the contract. For the first and last incidents you have no proof that the childminder was lying. That leaves one incident where the childminder cancelled with less than 24 hours notice and did not take payment for that day. That may be a breach of contract, although it is not clear without seeing the contract, but it is not enough for you to argue that the childminder has terminated the contract (unless the contract includes a term allowing you to terminate without notice for any breach, which is unlikely). I agree with TVDFan. You need to pay the notice period.