Childminder terminating contract

[hoolahoolay]

Surely I'm not being unreasonable. So my son is due to start with a childminder next week when I go back to work after maternity leave. We have settling in sessions this week

So she sent the invoice for January out early December and she said to let her know if there were any errors, the due date on the invoice was 1st January. For one reason or another we haven't paid it and instead of reminding us she has messaged this morning to say she's terminated contract as invoice is 5 days late.
Surely she could have sent a payment reminder.

WTF can I do now?

Payment on 1st of the month in advance is standard and you will find the bast majority of childcare providers are the same.

What you do is find a new childminder. You knew the date it needed to be paid and she gave you a month to pay it. She's running a business. It was the very first invoice so I would have thought you would be proactive about paying it on time (or even early). It sets a precedent for what type of client you will be for her going forwards so she's terminated the contract - seems perfectly reasonable on her part.

It isn't draconian to uphold the terms of a contract wilfully signed.

I agree with this - it's also a payment in advance, rather than for work she has already done (which to me would be far more aggravating). She's within her rights to decide she doesn't want to proceed with the job, but I don't think you're unreasonable to be blindsided by it in the circumstances.

It is. In this instance.

You can get a prison sentence of seven years for theft in the UK. However, I'd be wholly outraged at that sentence being passed for a first-time offender who stole the milk from my doorstep.

There's the law – criminal and civil – and there's basic human morality.

The OP needs to get her act together, Christmas or not. It’s called life, and it goes much easier and stress free if you get organised.

It isn't.

We don’t know if it says five days (including public holidays and non working days) late advance payment means immediate termination of said contract. If it does then fine. If it doesn’t then the cm is in breech of their contract. There’s always termination clauses on both sides. Was a deposit paid to hold the place? There’s a lot we don’t know.

Absolutely is 🙂

Why are you assuming the childminder is breaking the terms of her own contract though? That's an odd assumption to make.

YABU. You could have set up an advance payment as soon as you got the bill.

It's a huge red flag that you can't even be bothered to pay your first bill.

Either ring her and grovel with a huge apology and make immediate payment if she accepts you back, or find another CM and pay them.

You made a very bad first impression by failing to pay the initial invoice. She decided to nip this problem in the bud.

I don’t assume this. If the contract doesn’t say late advance payment means termination then the cm can’t just say I end the contract. It’s the same for the clients in that they have to follow get out clauses. The client can’t just not turn up and it’s ok. Many posts are put here about the terms and conditions for leaving a childminder - notice dates, deposit back etc.

It's on you to pay for services, it's not on her to keep reminding you when you haven't paid. You'll have to find other arrangements.

Of course that is what you are assuming. If the childminder terminated the space, it's safe to assume she did so within the confines of the contract she wrote. You have no reason to think the childminder is doing anything other than upholding the terms and conditions she has set.

I disagree, for me the onus is not on the Childminder to remind or chase for payment the onus is on the OP to be a reasonable and responsible adult and organise payment within the timeframe. Excuses such as Oh it was Christmas, Oh I have a baby are just that - excuses, being an adult and being expected to be treated as and respected as one means taking responsibility for things such as paying the bill for childcare.

The problem is of the OP's making.

I know all my mindees extended families wouldn't get away with that one.

Basically all you can do is message apologising profusely and assuring her this isn’t typical of you and asking for another chance. She’s unlikely to have found someone else to fill the spot already. Is it perhaps an automatic email rather than her being very strict?

I'm sure word gets round

To be honest if I really needed to rely on anyone to look after my DC where payment was required inorder for me to return to my own job I'd be making sure I payed the bill quick sharpish.

Do you not comprehend that the outcome for the CM is the same either way?
'Oh Sorry, I forgot' is not, never has been, and never will be an excuse for late payment
Especially not the first payment
CM runs a business, and has behaved in a professional business-like manner
OP has been selfish, careless, thoughtless, and disorganised
CM is well shot of her, and any client like her

We don’t know what’s in the contract so it holds that the CM could be in breech. We also don’t know if there’s an actual contract with advance payment terms and conditions. It might just be hours and the amount per month. Who knows what’s written in the contract.

There was no 'keep' involved. The child minder didn't issue a single reminder. No, I know; she doesn't have to. But she just could have: relatively easily.

Its amazing how many parents accidentally forget to pay....if you are charged in arrears who finances the child's food and activities for a month? When a parent doesn't pay is the cm supposed to hold the child against payment or just swallow the loss because the parent has moved without saying or doesn't care about a court order in 7 months time? You certainly pay Tesco's before you eat the food so in essence you are paying before leaving the shop and in advance. Same with a theater ticket and many other things where you expect a service to be held for you.
Let a parent do it once and it's forever....do you remind your boss to pay you?

Absolutely
After all, the CM is the one who has behaved professionally here ...