Early termination of contract

[Octaviapink]

I've got a client who's taking a university course locally and we had an agreement (by email) that the contract would be from January to the end of June, when her term ends. We have an NCMA contract but the contract doesn't specify an end date or a notice period (which tbh I think is a serious omission - it didn't occur to me at the time).

Anyway, I asked her yesterday whether she had a firm end date (because I've got a new mindee lined up and I need a start date for their contract) and she said 'oh I don't know if I'm going to be here in the summer because I can do that semester from anywhere'. Which leaves me in a bit of a bind because if she doesn't come back for the summer term (after April) I'll have a two-month window - too short to get in another mindee but financially a real pain.

Anyone know if I can hold her to our original agreement, even though it was only by email? Or at least ask for a two month notice period, even though it's not specified in the contract.

Mmmm it all depends on the wording of your contract, and if it was signed etc. 2 months is kinda a long notice period to expect if the start and end dates weren't contracted. Sorry not much help but didn't want to leave with no replies. Have you talked to her ?

If it is an ncma contract did you not write in how much notice each party had to give to terminate? It says period to end contract weeks can't remember which number off top of my head but it definitely there. All of my contracts are 4 weeks.

It is an NCMA one but I've read it and read it and so has DH and we can't see an 'end contract' section - the end date was agreed by email. I'll have another look. Yes, I suppose two months might be a bit much to expect (though it's what nurseries do!).

STOP PRESS. Just realised that she never returned page 4 of the contract to me, which is where all this stuff is specified. Now I've really got a problem.

If the end date has been agreed by email then that is the end date, but that doesn't stop her giving notice to end the contract before the end date.

You need to sort this out with her now and agree a notice period. If you sent her the terms of a contract including four weeks notice and she did not respond with some other period, the notice period is four weeks - if she deliberately kept that part of the contract thinking that she could say that some other period that she never told you about applies, she is wrong.