Childminder terminating contract- no notice given

[mandybeesborough]

Just after some advice really, though I'm not really sure we have any comeback.

The background is that we used a CM for dd1 for the last few years as I worked 3 days a week. DD2 came along and I had to find a new job after maternity leave as my previous contract had ended. I managed to find a new job but working 4 days a week. This meant I had a month to organise childcare for dd2 and organise an extra day of care for dd1. The CM we had been using was/is fab and has carried on looking after dd1 & taken on dd2 but could only do 3 days, so we had to find alternative care for the fourth day.

We managed to find another childminder who would have the dd's on the 4th day. They started with her at the beginning of the year. She hasn't given me any reason to think there were any problems. Today while I am at work I get a text to say she can't have the dd's anymore as her assistant has some "family issues" so can't work with her at the moment. (The dd's were with the other cm today). No phonecall, no other explanation, no date that the contract was terminated by- just a few lines in a text message. Dh rang her and she explained her assistant could no longer work on that day. (We know another mindee there and they got a text message cancelling them for this week only and for a different reason entirely).

I guess my question is about what do about pay. We usually pay at the end of the month for the month that has just been worked, so would be due to pay for April imminently. We are in the mind that we need to pay for this as obviously she has done the work. The issue we were slightly conflicted by is that if we had cancelled the contract today but had not given notice we would still have had to pay for the month ahead, but I guess she doesn't owe us the same even though she has broken the contract?

Sorry this is long but trying to provide all the info.

Sorry forgot to add the contract we signed says a month notice by either party.

Sorry forgot to add the contract we signed says a month notice by either party.

I think pay for what you have received, but don't pay for the month ahead.

If her assistant is not coming in for some reason, then she can't go over her numbers. The reason for the other child having a different excuse maybe because she's within the CMs numbers, not the assistant. Pretty poor show from the assistant not giving the CM a months notice, but maybe it was an emergency.

Real bad luck for you, but I'm guessing you pay for the care you've had and no more.

As others have posted. A text message is pretty poor show, but perhaps as HSMMaCM has said her assistant leaving has left her over her ratio and so she is having to let a few people go.
I would pay for April and only days used in May (if any) but not the whole month of May. Did you have to pay a deposit? If so email or put in a letter that you will deduct any monies owed from deposit.
It's a tough situation for a parent and CM when you are let down, because it's such a small buisness and unlike a nursery she can't necessarily just get a replacement assistant tomorrow!
Best of luck x

The contract will say that she has to provide a service, and you have to pay for it. If she fails to offer a place to your child, you don't have to pay (just as if you had booked a hair appointment or a driving lesson, you wouldn't expect them to pay you if they couldn't keep the appointment). If she has been let down by her assistant, she may have no choice but to let you down. I imagine she would feel pretty bad about that, which may be why she chose to send a text rather than possibly getting upset telling you in person. I hope you can sort out an alternative quickly - she may be able to suggest someone.

I think as others have said you should pay for the time she has already worked. It would be quite harsh not to as it seems she has been let down by her assistant and it is not her fault. Hope you find a new childminder soon.

Only pay for the days you have used as per the contract (ie, if your contract states you will pay for holidays taken, you need to pay for these up till now) but don't pay for anything you have t used.

Can your existing childminder help you out now that your dd2 is an existing child, just wanting to up her days, she may be able to get an exemption on the basis of continuity of care and go over her numbers. She may not want to, to have four little ones is extremely hard work, but she maybe able to for a while.

I would pay her for the days she has been, but deduct an amount any extra amount for childcare that you have to pay for the next month.

That's what you would be able to claim for if you took her to court for breech of contract. So, for example, if you had to get a temporary nanny for the next month, you could deduct the extra cost of the nanny from the amount you owe her. Or, you could claim for the inconvenience if you had to take a day off work.

I think everyone is being very lenient towards the childminder, she has a contracted duty towards your child. She could easily employ a temporary assistant from an agency to allow her to look after your child.

I don't think CMs can use agency staff ... Can we?

Karolann- speaking as a CM it's not that easy to just get an assistant I'm afraid!
I think when people post on here it's easy to critise the nanny, or ap, or CM, so it's good to see that we can accept there are two sides to a story, and perhaps in this instance the CM has been just as let down as the parent by her loss of co-worker. It will mean a substantial loss of earnings for CM, so I can't imagine she did it on purpose! X

Contracts exist for both parties - there have been a few threads recently where parents have experienced problems with their childminders, but have been encouraged to still pay the the month's notice, so it has to work both ways.

Looking at ofsted advice
www.nelincs.gov.uk/GetAsset.aspx?id=fAAzADYAMAA0AHwAfABUAHIAdQBlAHwAfAAwAHwA0
Getting an assistant doesn't seem that onerous, they just need a DBS done by ofsted and a first aid cert. so most nursery nurses would be suitable.

Our pre-school is very little and when staff are sick when use committee member on a rota basis to cover. We couldn't get a comittee member to cover the week before Easter and just rang an agency and they supplied a member of staff the same day.

Yes, but pre schools have staff. CMs need permission to take on staff and it cannot be done overnight. It's a completely different setting with a different set of rules.

That's what you would be able to claim for if you took her to court for breech of contract. So, for example, if you had to get a temporary nanny for the next month, you could deduct the extra cost of the nanny from the amount you owe her.

One of my parents tried that on when I had to cancel due to sickness and she used a nursery for cover. It got her nowhere.
Are you telling me that, if your preschool had to close due to illness, burst pipes or whatever, you'd foot the bill for your parents' alternative arrangements, Karoleann? That's uniquely generous of you!

At the very most, the Op might be able to sue for loss of earnings. However, I think a lot of contracts have a clause to include circumstances beyond the childminder's control - as I assume is the case in this instance.

Thank you for the viewpoints. It's confirmed my general thoughts on this and that is we will pay for work done so to speak. We will still have to see her around so don't really want there to be animosity.

I had some reservations about things anyway so perhaps this has done us a favour. Our other childminder can cover up to sept when she drops down to only doing 3 days. So I will look now for something to start in Sept.

DH phoned the cm who gave us the notice over text. He felt she didn't sound sorry and apparently had known this might be a possibility since the Easter holidays. She has a lot of children there (I was concerned she worked over her numbers so was keeping an eye on things anyway) but maybe this will make things easier for her and more manageable.

Tanith - no sickness is a different issue and hopefully you would have had the forethought to add that to your contact.

This is a childminder cancelling a contract without notice - things happen to parents as well as childminders and I'm sure you wouldn't let a parent off a month's notice if they experienced - circumstances beyond their control.

Our pre-school would actually reimburse if it did have to close, we have money set aside which would cover the cost of the staff redundancy and re-inbursing the parents, if we could no longer operate.

OP- I'm glad you've managed to sort something out.