Holiday Pay nightmare

[BestestBrownies]

One of my families is halfway through their 2-week holiday abroad. They have failed to pay me for last week. I sent a polite email yesterday to make them aware, along the lines of Hope-you're-having-a-lovely-time-btw-I-haven't-received-payment-guess-it-was-overlooked-in-rush-to-prepare-for-holiday type thing.

Their response today is that they have 'paid up to date for childcare received'

How do I politely remind them that when they choose to go on holiday (giving me a week's notice of said holiday) that I still need to be paid? My other families do/have done this as a matter of course and have never put me in the embarrassing position of having to demand payment like this. WWYD?

Does the contract you have with them say they will pay full fees even if not using the care?

I assume you have a contract with them that they signed - refer them to the contract

Unless your contract with them expressly states you will be paid during their holidays then I don't think it's reasonable to expect this.

Assuming your contract is water tight on this point I would send them a bill with a copy of the signed contract and a letter pointing out the amount owing and the relevant clause and that failure pay is a breach of the contract and you will no longer be offering your services and may seek to reclaim compensation for the breach of contract and associated costs via the county court.

Depending on how they have already responded I may put the last bit in a second letter and put something in the first about breach of contract leading to forfeiting of place and giving X days to pay.

(actually I do think it's reasonable for holding the place but as to whether it's legally enforceable I don't think you have much case unless expressly stated).

I really hope it's in your contract - if it is all you have to do is attach a copy to the email and draw their attention to it.

Can I just point out that a lot of people are completely unaware that childminders mostly charge for holidays taken in term time - I had no idea that childminders did until I came on mumsnet, it just wouldn't have occured to me that people charge for not looking after children iyswim - now that I know of course it makes rational sense
.

Thanks for the replies everybody.

I'm giving them the benefit of the doubt, as they are a) foreign and haven't been in the UK long, b) I think I'm their first nanny so they are inexperienced IYSWIM, and c) they are used to much cheaper/govt subsidised childcare in their home country, so are a bit .

I think I will point out our initial agreement and forward the highlighted clause in the contract as suggested. I HATE dealing with stuff like this and really want to maintain a good relationship with them, but know that if I don't assert myself now then they might really start taking the p in future.

Thanks again all :)

Are you a nanny or a childminder? If a nanny then you presumably are employed under an employment contract with holiday pay entitlement of at least the statutory minimum, no question about it. If a childminder it would depend on your contractual terms (am just an employer not an expert btw)

Nanny? Are you working in their home, rather than providing a service from your home? Do you have a contract, prepared by the family who are employing you, or have you provided them with some form of written agreement (this would be unusual, as nannies are 99.9% of the time an Employee, not self employed).

Either way if you are a nanny or a childminder, pay during times when the family do not require childcare is something that should be in the written agreement. So look at all correspondence which forms your initial agreement and in particular any written contract document and take things from there.

I imagine they just haven't read/understood the contract they signed. Which is a bit off - I mean OK it is genuinely a bit of a shock to realise when you first get a Nanny that though you are just an ordinary family you are now also an "employer" with all the risks and duties that entails. But still, you sign a contract so you read the damn thing. You get a payroll agency and they are awash with legal advice etc. They really ought to get their heads in the game.

Do you need the money urgently, or can it wait? Because this is a v awkward conversation to have and would be better face-to-face.