Childminder is charging for christmas day

[ChevalierTialys]

Is this normal practise?

Contract says she will charge for public holidays but also says she will not charge for days she will not be available. Is she suggesting she will be working on christmas day? Is this right?

Christmas Day is a public holiday isn't it?

Fairly normal...she's not charging for her annual leave but is charging for public holidays. Do you get paid for public holidays?

Does she normally work public holidays? If she does then it's reasonable to charge Christmas day as technically she would be available to work.

Yes but she said she only charges the ones on which she is available to work. Example, she didn't charge for august bank holiday because she wasn't available that day. Now she's saying she charges all bank hols

Christmas Day is a Public Holiday.

When she’s away on holiday she’s not available.

Quite standard for CM’s ime. Some years it works in your favour and others in theirs but if that’s what the contact says then so be it.

I do not get paid for Christmas Day but I can take it as annual leave. I'm not a childminder though. Or self-employed.

What does your contract say?

It’s normal here, but if you don’t have it in writing then it might be worth questioning. Personally, I wouldn’t rock the boat if DC are otherwise happy there though.

I’m a childminder, I charge for the days I’m available to work. If I charged for Christmas Day I’m sure some parents would take me up on it and go to the pub!

I would take that to mean she is open. Lol you could always ask her what her opening hours are seen as it might be handy for you to get peace to prepare the dinner

I see... I shall get this bill paid then and wonder no more.

I’m sure some parents would take me up on it and go to the pub! soooooo tempting to say this to her

I would question this (assuming the childminding services aren't actually being used by you/the person involved on Christmas day)

I've had 2 childminders over the last 6 years and neither of them have charged for bank holidays. My current childminder usually closes from the last day of school term and reopens on the first day back in January.

What?

I'm sure she'd soon backtrack if you turned up to drop off your ds for the day

My current childminder usually closes from the last day of school term and reopens on the first day back in January.

She said something like this to me verbally but has b6ow charged me for the whole of December. I have no recourse to challenge that as it was verbal.

Childminders set their own rates and their own terms and conditions so if she wants to charge for Christmas Day then she can just as you can vote with your feet and go elsewhere. You'll be paying for bank holidays and holidays regardless though as they'll factored into her overall operating costs which helps her set her hourly rate.

Well she must be available to work Christmas day then. Go for a few drinks before dinner and pop your little one round there for a few hours. She isn't available, she's taking the piss. They can charge when your child is sick, to hold a place, when you have a holiday and don't put your child to her and she's available but they can't charge when they aren't available. If she takes a holiday or a day off, she can't charge. She isn't an employee, she is self employed. Charging people for days you aren't available to carry out a service is bad business

She said something like this to me verbally but has b6ow charged me for the whole of December

Has she maybe calculated your fees for the whole year, including non-chargeable days/weeks, and then divided it by twelve so that you pay the same each month? I used to do this for some of my parents so that they didn't have a big bill hike in the school holidays when they needed extra hours.

Ask if she can have your child on Christmas day and see what she says

they can't charge when they aren't available. If she takes a holiday or a day off, she can't charge. She isn't an employee, she is self employed. Charging people for days you aren't available to carry out a service is bad business

Except they can. Childminders don't operate in quite the same way as other self-employed businesses, they're a unique classification and there are even specific bits on self-assessment that ask about childminding.

So you're paying for the whole of December? Is she saying she is available to look after your child for the whole of December then or does she expect you not to use her from just before Christmas until just after new year? If she's charging, she has to be available

When we first met she told me she doesn't work the christmas holidays, but she has charged me for them. I will ask her if she's changed her mind about not working the holidays then, as that means I can cancel my annual leave for the days she will have DS. I'm not sure whether to ask about christmas day. It does seem like the contract contradicts itself there.

She does not have to be available and can still charge for her holidays.

www.pacey.org.uk/parents/working-with-your-childcarer/contracts-and-agreements/

OP, you'd be best off having a chat with her to ask her to clarify this months bill. If you're not satisfied with her answer then you need to discuss how bank holidays will be handled in future and that your contract reflects any agreement reached however you should be prepared for her to say that these are her terms and they are not negotiable.

@Venger no, she calculates monthly

Definitely worth having a chat with her then to see what's what and how to proceed in future.

IME, most disputes can be resolved before they even start by having an honest and frank discussion about it.