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Original poster

OK I have a dilemma!

35 replies

Saltire · 13/07/2011 16:08

Have been ill since last Wednesday,a nd am off for the rest of this week. The parents of full time mindee have been round to give notice, as "it's too difficult for su to arange childcare when youre ill"'

They then went on to say "we haven't used our "free weeks hols and you have a week hols too, so we won't actually owe you anything" Hmm. Have had a look at contract (Morton Michaels)and although it says that I have to be given 4 weeks notice, it doesn't mention holidays etc

Also I give parents info sheets and policy sheets and I am pretty certain that on it I have put "parents have to give 4 weeks notice, this cannot be during holidays". So if a parents giving me notice, and are due to go on a week leave, then the notice period starts when they get back from hols

However, we moved house at the weekend and the desktop PC, where all my files are, isn't yet set up! Also parents are saying "well we didn't sign your policies or information sheet so the thing about givving notice and paying you doesn't apply, and we've started him in nurseery as of today and we're not paying you if you've not worked.

I have done 3 days in July so far,a nd was going to be having the child next week. Then I am on a weeks leave, and was back to work 1st August

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EveryonesJealousOfWeasleys · 16/07/2011 09:05

I think it is standard that if they get 4 weeks per year and they are with you for less than a year then you would automatically pro rata it down. But I am not a CM and I am just going by employment contract norms which I know is different. Makes sense to me, anyway.

I'd be tempted in your shoes just to let them use hols as part of notice period but to def reduce them down - if you send them the calculation and see what they say. It 'meets them in the middle' rather than asking them to pay you for the whole notice period.

Berryred · 15/07/2011 21:06

no idea hun, I am with NCMA and it states NO hols can be taken within notice period!

Hope your feeling better? x

Original poster
Saltire · 15/07/2011 15:24

everyone'sjealous - can I do that though, as no where in the contract does it state anything about pro-rata etc etc

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Original poster
Saltire · 15/07/2011 14:43

Bald - It's doing my head in.

I am seriously tempted to suggest to MM that they chang their contracts to include "parents cannot take holidays as a notice period" or similar.

Although I do state on policies that notice period mustnot be in a holiday period.

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Original poster
Saltire · 15/07/2011 14:41

HavePatience - I did tell them that I had to have written notice

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EveryonesJealousOfWeasleys · 15/07/2011 08:56

Right.

From the date they started to the date you began this thread (when I am assuming they have given verbal notice) they have been with you 130 days. This equates to 35.62% of the year. 35.62% of their holidays comes to 7.12 days. Up to you whether you round up or down but I'd say down. Therefore if they are giving 4 weeks notice, they can knock 7 days off as the free hols and still need to give you 3 wks paid notice.

there are still lots of variables I can see from the rest of your posts but I hope this helps a bit.

BoysAreLikeDogs · 15/07/2011 08:47

it's too comp for me, Salty Blush

HavePatience · 15/07/2011 08:44

Not I've Hmm give
silly iPhone.
My cm just did the paperwork once I gave verbal notice, no problem. But we do have a good relationship.

HavePatience · 15/07/2011 08:42

Do they not realise notice has to be written? I gave verbal notice of change in hours/days to my cm and this was fine. Of course contract was edited and signed in due course, but she didn't wait for me to I've written notice. You might want to tell them to do this because they may think it's all sorted. Just a thought.

Original poster
Saltire · 15/07/2011 08:15

Still no written notice - now I was meant to have the child again next week - and they are meant to give 7 working days notice of holidays, so I assume that I can ask for payment for the 7 days notice, plus any days extra that they don't give me notice. (for example if they don't give me written notice till Tuesday, I can ask for 7 days pay from Tuesday, for notice of holidays,plus a days pay for Monday, because they didnt turn up?) (or can I for Monday sinc ethey said on Wednesday that child won't be back)

I am confusing myself

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Original poster
Saltire · 15/07/2011 08:11

They started on the 6th March (date of contract) They haven't used any of their holiday allowances.

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EveryonesJealousOfWeasleys · 14/07/2011 22:59

When did they actually start with you Saltire? I can pro rata the holidays thing for you if that helps x

Original poster
Saltire · 14/07/2011 09:26

God this is all confusing, I've never ever had parents want to take their "free" holiday entitlement as the notice period very other parent who has given me notice has either ha dme work the 4 week notice period or paid the 4 weeks!!!
The mum told DH when she met him out for a walk last night that they cannot afford to pay me, nursery, and live on their wages and tax credits, and that they had already used their childcare tax credits to pay for their holiday!Hmm

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irishbird · 14/07/2011 09:17

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irishbird · 14/07/2011 09:16

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Original poster
Saltire · 14/07/2011 09:13

and another thing. Does the fact that they have given me a verbal notice of leaving and not anything written make a difference? The contract clearly states written notice and I did say to them yesterday that I needed it written down

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Original poster
Saltire · 14/07/2011 09:02

They have lost their copies of the policiesHmm and their copy of the contract.

I thought - having not slept all night worrying about it - of saying that I would accept 2 weeks pay instead of 4? The way I see it is that I am availiable for work next week and turning up on Wednesday to say that the child won't be back (less that 7 days notice) is a breach of contract?

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Original poster
Saltire · 14/07/2011 08:59

They have known since beginning of April that I am taking that week off in July. However they have no leave elft to cover it. They said that because I'd been ill this weekend (was in hospital) that I am unreliable and also I have HBP (controlled) and therefore they cannot continue to use my services.
Fair enough.

They are required to give me at least 7 days notice of holidays (minimum, would prefer more) so although I am actually able to have their child next week, they have already started him in nursery, so if they take it as free leave, then I haven't had 7 days notice have I?

If I'm honest I feel a bit Hmm about teh whole thing.

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mrsthomsontobe · 14/07/2011 08:29

do you state how much notice must be given for the free holiday weeks as usually for most people that only applies when notice is given on time. possibly you week off you might just need to accept that its including in the notice period but how many weeks notice to you require for there holidays

MogandMe · 14/07/2011 08:04

I think they're right. Sorry.

HSMM · 14/07/2011 07:53

Sorry, I've never had this. I have had a family with 1 week holiday booked during a notice period, but because of our good relationship and the fact that we had both known about it in advance, we jointly accepted that. My contracts also say that notice period should not include holiday.

Not much help ... just didn't want to ignore you.

They have obviously decided that nursery is better, because they will know well in advance (usually) when it will be closed. If they couldn't cover your holiday, then it made sense for them to make the move to nursery before that happened. I think you will need to go by what they have signed to calculate any notice payment. It's also worth getting parents to sign a slip to confirm they have received your policies.

fairimum · 13/07/2011 20:27

when did they start with you?

Original poster
Saltire · 13/07/2011 19:46

Thats too complicated for me to even start to figure out. Maths was never my strong point

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EveryonesJealousOfWeasleys · 13/07/2011 19:45

Surely like an employment contract if you are allowing 4 wks a year hols where they don't have to pay, you would pro-rata that down for the period they've been with you and work it out that way?

Original poster
Saltire · 13/07/2011 19:33

Don't know if I'd go to court, and actually they don't want free childcare, they chose to put the child in nursery before even giving me notice, and they now realise that they will have to pay an awful lot more than they pay me and are using the holiday clause as a get out of paying me

Has no one else ever had this situation?

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