I just gave my childminder 4 weeks notice and then she terminated on me- effective immediately!

[vanthorne]

Hi - I'm wondering if anyone can give me some advice on my situation. I just gave my childminder 4 weeks notice as I have been made redundant and can't afford her (which is what I thought my contract required). My childminder then turns around and says 'if its alright with you I would like to finish at the end of this week'.
My childminder said she would like to spend more time with her daughter who has just had a child. However the contract that I signed originally (2 years ago) said that we should both give 4 weeks notice to each other if we wish to terminate.
I mentioned that she couldn't terminate on me like this and she had to honour the contract that we both signed. She said we don't have an inforce contract as we didn't sign one for this year!?
I feel very let down. :(

So I suppose my question is - do standard childminding contracts need to have a renewal signature to keep them in force each year? I didn't think so- in which case we do have a contract and she should abide by it.

Having said all that - her mind is definately on her grandchild and not looking after my children (I have 2 children going to her)- and so its best to move on. However it puts me in a tight spot for the next month as I have no childcare lined up for the next month and have a number of commitments (eg interviews etc) that I will not be able to make without childcare.

I expect I should just 'let it go' - but after 2 good years of childcare - and my girls adore her- its so sad and unexpected to end on this note.

Any advice on the contract situation would be ideal and then basically an online hug and I will move on....

Thanks in advance.

Im not sure - but happy to give you an online hug (((vanthorne))). I agree what a way to end the relationship - was she annoyed or anything? It depends on how far you are willing to smooth things over/be very diplomatic/possibly swallow pride etc as to whether she'll continue for the next four weeks - but yes I think I would be concerned at the potential quality of care your daughters could receive?
I would mention it again to her along the lines of "I hope my announcement didnt shock you too much - was wondering whether you'd reconsider having X and Y until mid-Oct (or whenever) as then we can get them used to the idea of leaving - I know they'll be ever so upset not to see you so much. (Puts the childs needs first rather than hers or yours). "

what a nobbish thing to do. Can you get your work to put you on garden leave for the remainder of your notice period?

You do have a contract - any arrangement where somebody does something and receives a payment in return is a contract, whether anything is written down or not.

In your case, there are terms written down and unless there was any (verbal or written) agreement to the contrary, these terms would still apply.

But if she wants to hold out that they don't, the fact that a court of law would probably rule that she had breached the contract by terminating without notice and therefore you would be entitled to damages (based on the difference between the cost you incur for temporary childcare and the amount you would pay her) doesn't really help your immediate situation.

Try talking to her, say you think she is wrong about the contractual position but that you don't want to fall out over this and is there some way she can come to a compromise (2 weeks notice? 3 days a week?) - if only for the sake of the children who would probably find a sudden change unsettling.

... and to add to MrA's comments, does CM really want this sort of behaviour to get around the neighbourhood if she has a business to run after excitement of ne arrival? Obviously you can get this point across in a non-crude way

Vanthorne - I dont think you have to renew the contract yearly, only if you need to change contracted day/hours?
Ive never renewed yearly, Im a hildminder by the way.
However if you log on to www.childminding forum.co.uk there are plenty of experianced minders on there who may be able to help

Is your contact a standard NCMA contract? If so, look at notes under the heading "contract review" - this clearly states that "the contact remains in force until a new contract is agreed and signed or until notice of termination is satisfactorily completed"

On the specific subject of the contract, my contracts do have a fixed review date but in my opinion, if there is no review date or expiry date stipulated then the contract remains current and in force.

I hope you can resolve this unpleasant problem.

You gave notice, she accepted but waived the 4 weeks notice from you, i'm not really sure that she has breached the contract.To be honest
I don't think there is much you can do other than ask her to do a bit extra as you are stuck without childcare.
Are you sure she doesn't think she is doing you a favour by saying you don't have to give the 4 weeks notice whereby saving you some money.
I hate it if things turn sour so trying to look on the bright side!!

It sounded to me Dan that the CM was saying SHE wanted to finish earlier. I once gave notice and told them that they could go sooner if found someone else before the 8 weeks was up. But the childminder IS in breach of contract if she 'refuses' the full 4 weeks care as per notice period.

Thanks so much for all your help. I just dropped kids off and had asked the childminder yesterday to reconsider overnight and perhaps reduce her hours (so she can spend more time with grandchild).

She said this morning that she has made up her mind and that she is finishing at the end of this week. She has other children and I mentioned that they would need to be given notice surely (even if I was not given notice) and then she said 'I need to think about myself' and followed by saying 'I need to start another child next week'.
(she told me a bit of a fib last night about wanting to spend time with grandchild...)

So I think what has happened is that she has had an offer from another mother to look after her children (perhaps for more days per week) and rather than letting that opportunity go - she has agreed to start with the new children next week.

This is basically self centred, not to mention illegal (re the contract- thanks for your comments on renewal) .

Anyway- anger will get me no-where. But I suppose this is just a warning to other mums - that it sounds like your contract is not worth the paper its written on.

I won't fight it - its 4 weeks we are arguing over after all. I will find interviews difficult (I am already on garden leave) with kids but we will have to manage and perhaps get baby sitter in for extra hours. My intention was then to start my younger child in nursery in Jan (by which time I should hopefully have work) and my older one starts preschool in Jan too).

It is sad that a long relationship can end like this, she has provided excellent care to my 2 children and I had hoped to keep up the relationship (ie use casually when it was mutually convenient) - in the end she has gone for the money it seems and thought about herself.

Regarding her reputation - well- she was good with the children, but if I was ever asked to give a reference I would have to say that I couldn't rely on her to honour the terms of the contract - and this should be a risk to anyone...as you may be left in the lurch at a moments notice.

I had never realised childcare could be such a messy, nasty business.
Things were probably so much simpler in the olden days when grandparents used to care for our kids.
I will try not to be too bitter.

Thanks for your support mumsnet users and yes it will bring me closer to my kids and save me some money in the mean time..so you are right there is a bright side too :)

I would be so tempted to turn up next Monday and tell the new parent how shoddily you have been treated.
Definitely get the jungle drums going.

AFAIK you don't have to renew the contract yearly unless it was originally a fixed term contract - can you check what you originally signed?

This means that you're in the right - not much consolation. Can you talk to the NCMA, if she's a member?

I hope she will compromise - for your sake and for your DCs.

Vanthorne - its shit and illegal what she's done. You could report her to Ofsted and maybe the NCMA as well. They would take a dim view of such behaviour.

I've had it happen to me twice before, as I picked DD up was told not to bother coming back tomorrow as the CM had decided to stop childminding/couldn't be bothered getting up so early anymore. I didn't bother reporting either of them as they have both stopped childminding now so wouldn't really have done anything. It does seem like some childminders just do what they want with no fear of repercussions.

Good luck with the job hunting.

I dont think Ofsted would be intrested as its a
they would be intrested however if the Op had concerns with regard to her childrens care whilst they are with the childminder.
I belive the NCMA legal team can only help if you have an NCMA contract, although they may give you some adive.
Call them it cant hurt to see where you stand.

Gosh - vivalebeaver- sounds like you had a worse plight than me previously and isn't it a sad sorry world when you hear of people acting like this, taking advantage of others and really just doing what they want...

I expect this is just one of life's tough lessons...sometimes it 'just ain't fair'.

I might inform NCMA as they would probably want to know that their childminder acted in this way you are right...yes it was a standard NCMA contract we had..thanks for advice again.

Onwards and upwards and hopefully the next experience is much better...trying very hard not to get cynical head on childminding services as I'm sure there are some wonderful ones out there....hopeful :)

vanthorne - her attitude stinks, it really does. And it makes me as it gives us good childminders a bad name! Gosh, I've had conversations with DH about what we'd do if we won the lottery (we like to dream LOL) and I've always made it clear that I'd want the cruise then big house etc etc. but that I couldn't do anything until 4 weeks notice had been served and that I'd honour that no matter what! I don't understand why your nice childminder that you've had no problems with has just turned like that, all over a new contracted mindee?! I'd contact NCMA for the advice and they may be able to help. However, I'm an NCMA member but that doesn't make me 'one of their childminders' so wouldn't affect my registration. Also, Ofsted really won't be interested, they make it clear that they are interested in the care provided and not contractual issues - sorry :(

Don't know what else to say. We're not all like that - promise!!

Vanthorne, I am sorry to hear that this childminder has behaved in such an unprofessional manner.

She CANNOT just ditch you like this, the 4 weeks notice works both ways.
Contracts keep running until notice is served.
She is talking a lot of poop and hot air and is depending on you not taking further action.
Demand from her notice in writing that she intends to finish your contract THIS week.
And then respond that this is in breach of contract.
You could and should follow this up.

As a minder myself, I do not give this advice lightly or without thought but I cannot stand minders who behave in such an appalling manner. This is what gives the rest of us a bad name and rep. :(

Ofsted would not be interested in this - its a contractual dispute, however you could pursue this through a solicitor.

Sorry to hear how unprofessional and unreliable your childminder has turned out to be. Even if she really has taken on other children in place of your girls, she should have just been honest with you and explained the situation. Now it must feel so awkward for you in approaching her about it because of the way she handled this.

What area are you? Am a nanny and would be happy to help out for a few weeks if you can't sort this. X

just realised some of my posy was missing it was sipposed to say contractual issue on the end??