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Original poster

CM given me a weeks notice that she doesn't have space for my ds in half term

31 replies

Eddas · 15/02/2011 16:03

I am absolutley livid with my CM, but although she 'understands' she clearly isn't willing to actually do anything about it.

A bit of background; ds(3) has been with cm for 2 years. It started off as a 3 day a week, 6 hours a day contract, she was happy with this and I do understand I am lucky to have a cm taking a part-timer, I just pay the hours she has ds, which was her terms. So ds turned 3 last year and I approach cm about only having ds 2-3 hours a day in term time and using a pre-school the other times. Again she is happy to do this, again I know i'm lucky, but the agreement was that this was the case term time and holidays would revert to the 'old' 6 hours a day, or I have always said I would chagne and do 2 full days if this was easier for her. Most of her mindees are before/after school so ds fits in nicely for her without meaning she has him with the bigger kids. She also has a baby mindee which she has recently taken on. Other than the baby and ds she has no other daytime mindees.

With me so far?

So today I collect ds at 2.30 and she says she doesn't have space for him next week as if she takes him she'll be over her numbers, that she has taken on a few new children menaing now in the holidays there probably won't be space for ds Shock So I ask her what she expects me to do with ds? she said 'well sorry do you expect me to take him over a full timer' so I said I can totally understand from her pov why she wants to do this but ds has been there 2 years and she is giving priority to a newer child and not fullfilling our contract, and anyway I cannot exactly find a new cm in a few days and just expect my 3 year old to go in no probs next week and everything be ok.

Now I know it's not her problem, well actually it is because I have 1 weeks notice to sort it out!! but WTF am I supposed to do, again I know this isn't her issue but she knows full well I don't have an army of 'back-up' GP's to take over, I mean who do I ask exactly? On this ocassion I am hoping MIL will have him but I can't rely on her every holiday.

Luckily he starts school in Sept and I will then have access to holiday clubs, but until them I am screwed really Sad Either I change to term time only and faff throught the remaining hols or I find a new CM which is tricky and I am loathed to move ds. I know I will probably have to though.

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compo · 15/02/2011 16:45

Well she's quite clearly gone back on her contract
don't know what you can do about it though
I'd find it hard to trust her after breaking it though

moogster1a · 15/02/2011 16:42

well in that case you're lucky you don't owe her for the extra 3 hours a day term time since ds turned 3!

Original poster
Eddas · 15/02/2011 16:40

oh and it's 4 weeks notice as far as i'm aware

OP posts:
Original poster
Eddas · 15/02/2011 16:40

Well, the contract when I signed was 6 hours all year round for 3 days a week.

I didn't sign a new contract when things changed in September.

I know I am lucky to find a CM that lets me pay short hours but she was happy with that.

I know she can change her mind

But I also know that less than a weeks notice is very unfair, but I also know that even if it is breech of contract there's a big fat nothing I can do about it!

OP posts:
moogster1a · 15/02/2011 16:24

what hours are set out in the contract and how much notice does it state is needed for either party to change hours needed? or notice to quit?

ChildrenAtHeart · 15/02/2011 16:24

Hi
If I have read this correctly you have a contract with this CM for 3 hours per day x 3 days term time & 6 hours per day x 3 days sch holidays?
If this is the case she cannot just change this but must give you whatever notice is in your contract to terminate it & then issue a new contract for term time only, or if this is a one off she needs to give you whatever notice it states in your contract for her to take holiday. If she doesn't she is in breach of contract.
If however the holiday care was on an ad hoc subject to availability basis then she is within her rights not to take him.
It all depends on your contract.

If she has taken on other children & needs to change your contract this is allowed (though obviously not good for you) so long as she gives you the agreed notice BUT you don't have to accept her terms & can leave at the end of the notice period instead.

Personally as a CM I think her behaviour is very poor and unreasonable as although she may need to take on more children she should have given you plenty of notice about half term. You are lucky with the terms you offered & she accepted re 3 hours TT & 6 hours hols as most cm's would have charged 6 hours all year or at least a retainer but that doesn't justify her actions.

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