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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To tell clients to just leave

385 replies

selfemployedwwyd · 05/05/2023 22:43

I"m self employed with clients who pay monthly. I work 12 months of the year and take 4 weeks a year holiday which are unpaid - this is all explained upfront.

This year I've had an unprecedented number of clients who've informed me that they're not prepared to pay for my services over the summer as they're 'going on fancy holidays' and won't get the use of my services.

But they want me to take them back on in September once the summer holidays are over and the children are back in school.

AIBU to tell them they're free to go in June but I won't be giving them their space back in September?

I simply cannot afford to not be paid for 2 months. When I go on holiday (unpaid and only UK) I still pay all of my monthly bills (swimming, nursery etc)

I realise the cost of living affects even the wealthy, but it's the wealthiest clients who are doing this to me! For context, last year I earned £15k if that matters. I can't afford to take my children abroad (not that that's their fault I might add, but it does irk!)

AIBU to feel really pissed off and a little bit used/undervalued?

OP posts:
AuntieJune · 10/05/2023 14:23

Charge slightly more for a 10-month year - then find something else to do in summer holidays. If I used a tutor, I wouldn't want them over the summer. You could work in summer camps or something, it might be useful experience?

MargotBamborough · 10/05/2023 14:47

Can you easily replace these clients with other clients who will want your services from July and are happy to pay through the year?

Have you increased your rates at all due to the cost of living crisis? Does your contract allow you to do so?

I think I would point out that if they are giving you four weeks' notice then they are ending your contract, so if they want you back in September it will be subject to availability. If your current contract does not allow you to increase your rates due to the cost of living crisis, I would also mention that if they break their contract with you and then want your services again they will need to pay the rate for new clients rather than current clients, which is now higher due to the cost of living crisis.

SmileyClare · 10/05/2023 14:49

I must admit I’d be hesitant to hire a private tutor under the condition that I was liable to paying a full 12 months tuition.

There are too many variables - serious illness, injury, holidays, changes in financial circumstances, or just simply not being satisfied with the service.

Op does not issue this sort of contract and it just doesn’t sound practical to attempt to enforce one.

I expect this is why most self employed tutors offering services don’t offer yearly subscriptions, or enforce penalties should clients wish to stop using them.

MargotBamborough · 10/05/2023 14:53

SmileyClare · 10/05/2023 14:49

I must admit I’d be hesitant to hire a private tutor under the condition that I was liable to paying a full 12 months tuition.

There are too many variables - serious illness, injury, holidays, changes in financial circumstances, or just simply not being satisfied with the service.

Op does not issue this sort of contract and it just doesn’t sound practical to attempt to enforce one.

I expect this is why most self employed tutors offering services don’t offer yearly subscriptions, or enforce penalties should clients wish to stop using them.

They can end their contract with four weeks' notice, which sounds sufficient for all the situations you have mentioned except holidays, where I think they really just need to consider it part of the cost of their holiday. Unless of course they want to terminate their contract in June, have their holiday, and take their chances that the slot will still be available in September.

Geordie88 · 10/05/2023 15:13

Probably already been said, but I would accept their cancellation of services and advise that you can't guarantee you will have availability in September. If you refuse to work with them again, could be spiting yourself if you have space you can't fill. But if you can fill it, then you have zero obligation to hold a space for free.

Imisssleep2 · 10/05/2023 15:16

Do you not cover things like this in your contract with them?

Just say if your services arent required through the summer, you will be filling their slots with other clients on your waiting list amd their space will likely no longer be availablein September, they may soon change their tune unless they didnt plan to come back in September anyway.....

SmileyClare · 10/05/2023 15:23

I agree @MargotBamborough

What I’m disagreeing with us op’s reaction to clients ending their contracts over the summer.

She’s pissed off saying “I simply cannot afford to have 2 months unpaid! These are wealthy people..I’m irked..I feel used and undervalued”

Unfortunately customers don’t owe op any loyalty and aren’t obliged to keep paying over the summer on a rolling contract.

Yes op can react by telling them not to return but it’s not productive or professional to do so.

It might be savvy to politely request a retainer payment to secure her services for the new academic year, rather than threaten unavailability.

It’s easy to feel a bit resentful or undervalued if clients want to pick you up and put you down as they see fit. I get it, I’m self employed but I think it’s wise to leave emotions out of business. It’s not personal.

NotQuiteHere · 10/05/2023 15:24

You have chosen a strange business model and if you don't change it you are bound to have more cases like that one which you describe as upsetting. In fact, it's strange that nobody have challenged it before. Tutors usually work term time only, with the chance for the current students to continue over the holidays. They can also arrange revision courses for those who can only do that during the holidays.

Lagranoui · 10/05/2023 15:24

I would charge a fee to keep their spots for sept. If I fill their spots i would set it up that they are only for the summer listing the start and end date. If the fee to hold spot is not paid then no spot will be held for september

NotQuiteHere · 10/05/2023 15:28

If you are a tutor with a good reputation, you keep a waiting list and in September you start filling your slots with 1. the students from the previous year who should have a priority if they want continue 2. students from the waiting list. Everything is clear, no drama involved.

CombatBarbie · 10/05/2023 15:35

NotQuiteHere · 10/05/2023 15:28

If you are a tutor with a good reputation, you keep a waiting list and in September you start filling your slots with 1. the students from the previous year who should have a priority if they want continue 2. students from the waiting list. Everything is clear, no drama involved.

Why should be current students get priority??

Its really not much different to childcare. If you want your child's space kept then you pay when you go on holiday etc. This shouldn't be any different.

Op, can you charge a lower retainer fee for the holidays and only take on students who need you over the summer??

Luckydip1 · 10/05/2023 15:38

I would be inclined to say that if they terminate the contract, you cannot guarantee a space in September. I would also consider building into your contract an annual review in August/September each year. If the trend is that you are out of work for two months each year, perhaps increase your rate by 1/6th to reflect this.

NotQuiteHere · 10/05/2023 15:53

CombatBarbie · 10/05/2023 15:35

Why should be current students get priority??

Its really not much different to childcare. If you want your child's space kept then you pay when you go on holiday etc. This shouldn't be any different.

Op, can you charge a lower retainer fee for the holidays and only take on students who need you over the summer??

The current students should have a priority because this is how the reputations are built, based on your loyal customers.

Cosyblankets · 10/05/2023 15:54

This is an awful lot of fuss for someone who has been fully booked for 7 years. Spaces will be full again and you factor all that in when you go self employed. If you want the stability of a job with 12 months pay you need to get one. If you want the flexibility of self employment then this is what you have.
Fully booked can mean anything depending on circumstances. I choose not to do regular Fridays after school. i do the odd one if someone needs to move. Other days I teach 3 or 4 lessons after school and work. I'm fully booked. Once an evening or after school space becomes available, it's never available for very long. I teach adults in the daytime, not all day but a few each day. I don't insist that the youngsters come in the holidays, some do some don't. I cannot imagine doing zoom lessons from someone's holiday.
If you really are fully booked you will have no problem filling the spaces.

SmileyClare · 10/05/2023 15:55

CombatBarbie · 10/05/2023 15:35

Why should be current students get priority??

Its really not much different to childcare. If you want your child's space kept then you pay when you go on holiday etc. This shouldn't be any different.

Op, can you charge a lower retainer fee for the holidays and only take on students who need you over the summer??

I agree a retainer fee for the holidays is a good way of covering a loss of income over the summer.

I don’t know why so many people are declaring private tutoring should follow the business model of childcare?

As a general rule it doesn’t. Just as most don’t pay their cleaner when they’re away if they don’t want their services..or a driving instructor, a personal trainer or your gardener or window cleaner or a music teacher, tennis coach or whatever.

Tellmeimcrazy · 10/05/2023 15:56

Soapyspuds · 05/05/2023 22:52

Contract says that if I miss due to sickness, I will refund. If the client misses due to holiday, payment still needs to be made. Four weeks notice to be given

So they're giving more than 4 weeks notice now to say they're finishing in June but 'Don't worry, we will give you a call in September when we need you back

Okay so you need to make it clear to them that they are not having a months break, as there are no rules for that in the contract. What they are doing is terminating the contract as per the terms.

If they ask for your services when they return from holiday then you advise them that the rate for new customers is 20% more than your previous rate. And they can take it or leave it.

Obviously the above is on the assumption you are able to pick up other clients if they decline.

I

I agree. Say you're happy to take them if you have space in September but prices will be going up and they will then need to be on the new rate. You should also add this into your terms and conditions/contract

IGiveUpalready · 10/05/2023 16:10

@selfemployedwwyd Have a play on ChatGPT at making a contract and do your own tweaking - then source a contract lawyer to review (might be quicker than going in empty?)

This is what it just spat out for me

  1. FEES, PAYMENT, CANCELLATION POLICY, AND CONTRACT CANCELLATION:
The Student agrees to pay the Tutor a monthly fee of [amount] for a total of [number of lessons] lessons per month, to be conducted over a period of 48 weeks in a year. The monthly fee shall be paid in advance, with the first payment due prior to the commencement of the tutoring services. In the event of a cancellation or rescheduling of a tutoring session, the Student agrees to provide a minimum of [notice period] notice to the Tutor. If the required notice is not provided, the Student shall be responsible for the full payment of the missed session. In exceptional circumstances, such as illness or emergencies, the Tutor may, at their discretion, reschedule the missed session to a mutually agreed-upon alternative time. Either party may cancel this contract by providing written notice to the other party. In the event of contract cancellation, the Student will not be automatically re-enrolled for future tutoring sessions and will be placed on a waiting list. The Tutor will notify the Student if and when a spot becomes available, subject to the Tutor's availability and scheduling constraints. Payment shall be made by the Student to the Tutor through [specify preferred method of payment] on or before [due date], with subsequent monthly payments due on the same date each month.

Good luck, its disappointing that people take the mick out of something that benefits their child :(

SmileyClare · 10/05/2023 16:12

A 20% increase in prices every year is quite a hike! That doesn’t sound realistic.

Be careful- you need to be completely transparent about any penalties clients are incurring by stopping and restarting your services.

What if there are other reasons for pausing your services (serious illness, injury, financial difficulties etc)? Will you still apply this 20% increase as penalty? Or will you levy on mitigating circumstances?

Like all self employed, you rely on word of mouth, recommendation and excellent references.
It might not sit well with parents comparing notes or seeing your services advertised to find out they’re paying varying rates, or have essentially been “priced out” for not giving you holiday money.

Motherbear07 · 10/05/2023 16:32

You’re not being unreasonable and the 7% who have voted to say you are, are wrong.
they have given you four weeks notice. Therefore that means they want to terminate their contract with you. Which frees up a spot for you to get someone else.
I would simply say to them, that if they wish to terminate their contract then it’s not guaranteed that a spot will be available when September comes. As they have freed up their spot and someone permanent may come along.
you’re not being unreasonable but I would allow them to leave as they have given their notice. But I would fill in their spot with someone else. And tell them when a spot becomes available you will let them know :-)

Noodles1234 · 10/05/2023 17:13

Any further issues, raise your prices pro-rata and stipulate you do not work 4 week dates in the summer. So you always get paid.

SmileyClare · 10/05/2023 17:14

I can see why clients would cancel a tutor over say July and August if you didn’t need their services to save money.

For example : a tutor once a week on a Monday.
9 Mondays in July and August at £40ph is a total of £360.

Im surprised more parents aren’t asking to do this given the current economic climate.

Its reasonable to point out you can’t hold a slot open for them but unreasonable to be angry that a number of your clients don’t want to pay for a service they’re not using and are taking this approach.

Themumlife · 10/05/2023 17:38

selfemployedwwyd · 05/05/2023 22:51

So how do I write it into the contract that they can't just quit my services in June and expect to swan back in September?

I'm thinking along the line of nursery - I recall with nursery that you simply just paid even if you went on holiday. If you didn't, I"m fairly sure you'd lose your nursery place.

I would write it into the contract that they are signing up to a year, and payments are spread monthly for ease and affordability. I’d also put in place a cancellation policy, and that places cannot be reserved, and all placements for the following school year must be applied for and accepted by the end of June.

Countdown2023 · 10/05/2023 18:10

And standardise your hourly rate. No one should be on an old rate from previous years. Get a message out to all parents that your fee will be xx per hour from 1 September

stichguru · 10/05/2023 19:23

I think this is pretty simple. You just write into the contract something along the lines of "My weekly rate is X. I will let you know my holiday weeks well in advance. With the exception of these weeks, you will need to pay for the place all year, unless I need to cancel." It is what most child carers do, and so I don't think it will be that strange for parents even if it is slightly annoying.

SmileyClare · 10/05/2023 19:26

Themumlife · 10/05/2023 17:38

I would write it into the contract that they are signing up to a year, and payments are spread monthly for ease and affordability. I’d also put in place a cancellation policy, and that places cannot be reserved, and all placements for the following school year must be applied for and accepted by the end of June.

Op already asks clients to agree to a yearly contract paid monthly. She has a cancellation policy. You’re not suggesting anything different there?

The issue is, an unprecedented number of clients are following the cancellation policy to avoid making payments over the summer when they don’t require a tutor.
Thats not cheeky or taking the piss at all.

They can be reminded they aren’t guaranteed a slot in September or asked to pay a retainer to reserve a place.
You cannot rely on that happening and complain “I can’t afford 2 months with no income!”

I expect most would still prefer to cancel and save hundreds of pounds in the summer holidays. If the majority are doing it, it shouldn’t be a problem securing tuition in the new term.

This is to be expected, particularly in these tough economic times.

Applying for a tutor in June (and entering into a contract then ) is fraught with difficulties.
A level students for example aren’t accepted onto their courses until GCSE results day (around 23rd August) and many change subject choices.

The nature of private tutoring means there will always be busier times of the year- many requesting tuition before the 11 plus for example or enlisting a tutor in the last few months before GCSE exams or when issues with a subject become apparent.

There are many advantages to being self employed. A guaranteed steady income throughout the year is not one.

I think op upthread mentioned changing to charging termly (upfront and non refundable) a slight increase in hourly rate would cover the lull of school holidays.

That’s by far the simplest and fairest approach in my view, instead of the drama of feeling upset and resentful of clients cancelling, and would yield a more predictable annual turnover.