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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU or is the childminder?

36 replies

Unluckyinlove2 · 24/08/2022 14:49

Hi all,

Need outside perspective on this. Trying to leave contract with childminder. Told her I was removing him with immediate affect. Contract stated flexible days until first week of September where it will switch it fixed days full time. Baby started settling in days but we have decided to pull him out. The contract stated that we have to pay 4 weeks fees if child does not settle and has to leave. However he did seem to settle but as we were still in settling in period and leaving I told her we will pay her the full 4 weeks. She’s come back and said that it’s 6 weeks fees if child has settled and than leaves. I agreed to the 6 weeks of payment. She has now told me that I’ve got to pay her for the remaining ‘flexible settling in days’ which is 2 days full time for 2 weeks and the contract kicks in 1st week of September and the 6 weeks of payment starts from that date. So 8 weeks of fees. I can’t understand how she came to this conclusion. AIBU to say no. I will only pay the 6 weeks fees starting from the week I pulled him out and not the date he was due to start on the fixed days plus the 2 weeks he was doing the flexible days.

OP posts:
mathanxiety · 24/08/2022 17:18

Pay her what's in the contract, not a penny more.

phoneybaloney · 24/08/2022 17:26

Can you remember who the contract was with? Morton Michel, Pacey, childcare.co.uk, etc. ?

I'd not agree to anything for now. Ask for your copy of the contract given that you weren't given it! Was it a paper one or electric one?

You may not legally have to pay anything but without your contract it's hard to advise. I'd be shocked if it states you should pay more than four weeks though. In settling in period maybe nothing to pay but like I say it depends what it says on the contract.

Oh and please do report your concerns if you haven't already.

Firty · 24/08/2022 17:49

Well, if it was me, I’d say that her losing her temper with a child was breach of contract to look after the children to a reasonable standard of care. Then I’d pay her nothing (you don’t owe her anything if she breached the contract first), and probably also report her to Ofsted.

The only way she can get money out of you is to sue you. You have a possible defence that she breached the contract first, not you. She isn’t going to sue you and she certainly isn’t going to want a debate in open court about whether she’s incompetent with children.

This is not legal advice.

No way would I give her 8 weeks money. Why?! She’s just trying to get whatever she can from you.

germsandcoffee · 24/08/2022 17:52

The contact hasn't started so I would pay anything 🤷‍♀️

Howyiz · 24/08/2022 17:56

She literally told you in her message that your contract didn't start until September.
Pay her nothing.

TooMuchToDoTooLittleInclination · 24/08/2022 17:59

can you describe this 'losing her temper' ?

what was her explanation?

Somethingsnappy · 24/08/2022 18:05

TooMuchToDoTooLittleInclination · 24/08/2022 17:59

can you describe this 'losing her temper' ?

what was her explanation?

Interested in this too.

But I agree with pp. I'd not pay her a penny.

Newusernameaug · 24/08/2022 18:10

I wouldn’t pay her anything either and I’d report her.
If she wants the money she can take you to court for it

Lilypickles1 · 24/08/2022 18:18

I had a similar experience, I pulled my child out straight away and when they asked for the notice I explained why I pulled her out and when they emailed for payment I replied why I was pulling her and that I’d be reporting them to ofsted… I never heard again! If you don’t want to go down that route I’d definitely ask for a copy of contract before you pay anything as it sounds like you don’t owe a penny

Unluckyinlove2 · 24/08/2022 20:19

It’s a paper contract. We’ve just agreed to collect it so hoping I can make sense of what’s going on once I take a look at it. I’m happy to pay the 4 weeks notice but I won’t be guilt tripped into paying more. It’s a shame cos I really thought I had found a great childminder. She is rated Outstanding too so this has really been difficult to process.

OP posts:
JustLyra · 25/08/2022 09:47

Unluckyinlove2 · 24/08/2022 20:19

It’s a paper contract. We’ve just agreed to collect it so hoping I can make sense of what’s going on once I take a look at it. I’m happy to pay the 4 weeks notice but I won’t be guilt tripped into paying more. It’s a shame cos I really thought I had found a great childminder. She is rated Outstanding too so this has really been difficult to process.

Make sure you get the one you signed.

not not that’s been printed this week

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