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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be extremely annoyed with this childminder?

30 replies

MissClavel · 05/07/2008 07:25

Long time lurker, occasional poster here, desperate for some perspective. We live in France, but are moving back to the UK this summer after 5 years.

DD has been with a childminder for a year, and it hasn't been perfect (CM smokes, has big dog, and various other niggles), but CM adores DD and DD has been happy there so I've let a few things pass as it didn't seem worth making a fuss. DD is the first child she's looked after, and CM herself admits that she's become inappropriately attached, so I'm glad that circumstances are making us leave her, tbh. (much talk of DD being 'my baby' etc)

So, yesterday was their last day together, and out comes the final bill. For a massive 665 euros (normally I pay around 400 a month for 4 days and 500 a month for 5 days - this was the July bill when she's looked after her for 2 days in total).

This, it turns out, is CM's holiday pay. In contract, she's entitled to 5 weeks per year. Together, we wrote on the contract that she'd take a week at Christmas, a week at Easter, and 3 weeks in the summer. I don't have a problem at all with paying her for the 3 summer weeks, but she's claiming all 5. DD hasn't been to her at all in school hols (as we have older children) though I've still paid, so she's had much more than a week's paid holiday at Christmas and Easter. But it turns out that, on the paperwork, she's consistently put down 0 days holiday every month, and I, not realising at all that this was what she was doing, have signed it off.

So on paper, I do owe her for 5 weeks. She is absolutely not backing down and being very passive aggressive about it, and if it went to court she would win. Also, when we gave her notice, 6 weeks ago, we told her in person, she said 'We're supposed to do this in writing, but that's fine, you've told me, I know', so I didn't, but she's now saying that because we didn't do a letter, she could charge us an extra 300 euros

I'm feeling that I've been pretty stupid about this, but am not sure whether just to pay up, since she has the letter of the law on her side. It's stopping me sleeping at night and leaves a v bad taste, esp as she's so incredibly fond of dd. We are very short of cash indeed and the extra holiday pay will hugely impact on us .

DH wants to go over on Monday, give her a cheque for 3 weeks, and leave the country a few weeks later. I'm thinking we should just pay up and write it off. WWYD?

OP posts:
MissClavel · 06/07/2008 15:24

Not far from Pau actually, funnily enough. Closer to Bayonne now, but we moved last summer from St Sever, and used to go into Pau quite often, not least because it has a Zara very interesting historical castle.

It's funny, but until now the admin over here hasn't really got to me. Now that we're leaving it's all going hellish at once.

Var will be lovely. I think the SE is gorgeous. Good luck with the move

OP posts:
HermanMunster · 06/07/2008 17:14

can't believe people are advising you to ruin this girls professional reputation.
you signed the contract so you were obviously happy with the terms and conditions.and you are the ones leaving and terminating the contract. she is just seeking the paymeant which are due to her and which you agreed to pay when you signed the contract.

Hecate · 06/07/2008 17:19

Just pay it and never let her set eyes on your daughter again. Chalk it up to experience.

NicMac · 06/07/2008 17:40

Ha, ha about Zara, that is the major attraction for me in the town centre. Sorry to hear that you are moving back to the UK, hope you will be very happy and that you are not put off from returning to France in the future.

nannynick · 06/07/2008 17:41

I'd pay whatever the contractual terms said. If she wanted more than that, then I'd let her pursue it via the legal system.
The dispute could be over what, a 100, 200 euros. Is it worth her pursuing that amount, especially over a country border? I would doubt it, but I don't know French legal system.

So I'm in the "Pay What You Consider You Owe Her and Run" camp.

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