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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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catsareevil · 13/07/2011 19:30

They do want the holiday - they want the time without childcare and without paying for it. What they do with that time isnt important.

How far are you willing to pursue this? Are you willing to take them to court.

Original poster
Saltire · 13/07/2011 19:22

Just thought of something else. Although it says that notice cannot be taken/given during a holiday period, they aren't actually wanting holidyas as such, they just want to use the holidays (free) in lieu of giving me notice, not actually have holidays IYSWIM

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catsareevil · 13/07/2011 19:15

If it says as per your policies, and they have signed that then I think that puts you in the right.

Original poster
Saltire · 13/07/2011 19:14

My policy says that parents can have 3 weeks holidays without charge, and 2 weeks where they pay half rates.
They ahven't used any of their holidays. I have a weeks holiday next week, so taking it into account, plus their 3 weeks free (4 weeks in total) they want to use my weeks holiday and their 3 free weeks as their notice period, thus not having to pay me anything

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callaird · 13/07/2011 19:08

How long have they been with you? If less than a year, they will not be entitled to 4 weeks holiday anyway. A week for every 13 weeks mindee has been with you.

I don't really understand the bit about taking notice period during a holiday period though!

Original poster
Saltire · 13/07/2011 18:43

There are bits of the contract where I have written "as per my policies" on them and parents signed them.
Another thing DH just said is that because they cannot find their copy of the contract, they might say that I have altered my copy. Which I haven't but they might say that

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catsareevil · 13/07/2011 18:37

It sounds like the contract that they signed would allow what they are proposing. It suppose it comes down to whether you are a) willing to take them to court and b) can persuade the court that the parents saw your policy sheet (and should have known to believe that in addition to the contract).

Original poster
Saltire · 13/07/2011 18:36

.

Contract says (its a Morton Michaels contract form)

This contrct may be ended by either of us giving 4 weeks notice to the toehr, except where I have told you in this contract that I may give/accept shorter notice than stipulated. If you give shorter notice than stipulated you will have to pay the fees to me that would be due for the remainder of teh notice period.

They signed this (and appear to have lost their copy of contract)

My policy says that the notice period cannot be taken during a holiday period. They haven't signed this but have had copies.
TBH I've never had parents want to use their holidays in lieu of notice!?
I am availiable for working next week

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Flisspaps · 13/07/2011 18:24

So let me get this straight - parents can take 4 weeks holiday for free, and they want to take these holiday weeks in lieu of notice.

However, your policy (which they have agreed to) says that holidays are not to be taken as part of a notice period?

In that case, they are in the wrong, but I'd call Morton Michel and check.

Original poster
Saltire · 13/07/2011 18:18

Have just re-read what I typed earlier and it doesn't make sense.
I have been ill and off work this week. Parents all contacted me to say not to owrry jsut take week off. I was due to go back to childminding on 18th July.

Then I am on a weeks hols from 25th-29th July.
Parents of full time mindee came to see me today to say they cannot manage if I am off, that they have no leave left and are stuggling to get childcare for mindee. So they were giving me notice, 4 weeks from today.
BUT mindee isn't coming back, they have started him in the local nursery.

So parents then say "we haven't used any of our free hols, and we have 4 weeks left, so we only need to pay you for the 3 days you worked last week.

Contract says (its a Morton Michaels contract form)

This contrct may be ended by either of us giving 4 weeks notice to the toehr, except where I have told you in this contract that I may give/accept shorter notice than stipulated. If you give shorter notice than stipulated you will have to pay the fees to me that would be due for the remainder of teh notice period.

So, I am confused, do they need to pay me for the 4 weeks notice even though the have chosen to take child out early,a nd also can they assumethat the free holidays can be taken as a reason not to pay me

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