Childminder contracts

[laura110393]

Hello. I have a contract with a childminder (I am the parent employing her). The contract notice period is 4 weeks - Notice was given today (11/03/16), the final date being 9th April. The contract says the notice period cannot include holiday or during a time whilst the child is not in her care. She originally gave notice for 24th March to 8th April as holiday in January 2016. I found alternative care and signed a contract with another childminder for this period of time. However she cancelled the 2 week holiday on 8th March 2016 and stated she will now be working. She is stating that the end date should be 22nd April, which would incur an additional 2 weeks cost payable to her. I feel that if she is no longer on a holiday period and I have had to find alternative care due to no fault of my own, that I should be entitled to cancel the contract on 9th April 2016 and not have to pay an additional 2 weeks. Anyone else had any problems similar to this and what was the outcome?

This is a standard clause in a childminding contract. You read it and then signed it (I presume). Your childminder is due 4 full weeks of money as per contract. You have to pay it but you do not have to send your child to the childminder during the notice period.

Surely either way it's 4 weeks money anyway? Can you cancel the holiday cover, or did you have to pay for that already? Or is she asking you for 6 weeks notice pay, because of your 2 weeks elsewhere? How much notice does the contract say she should give for holidays, including cancellation of holidays ?

Parents do not employ childminders.
They pay fees for a service offered.

I'm a cm. I think your cm has been a bit cheeky and as she has cancelled her holiday I think she should just let the last two weeks go. She booked leave, which you accepted and found alternative care for, now she has changed her plans and is disregarding that you have had to make alternative arrangements. I think she is being really unfair and just let it go. It's not your fault she can't make her mind up and with sixteen days till the proprosed holiday period she knew you would have made other plans.

Although having reread the op, im a bit confused about the whole thing, so maybe disregard my post...

If she has given you 4 weeks notice, then your contract will finish on 8th April
You do not need to pay her beyond this

Childminder's are self employed therefore parents do not 'employ' them.

Your post does seem slightly confusing but think I get the jist of it! CM gave you notice and for whatever reason has now cancelled her holiday. Notice still stands and for the original date. You need to pay 4 weeks notice fee or whatever is in your contract up until 9th April.
The holiday clause is standard in contracts regarding notice but perhaps ask your cm to explain her reasons for this new end date and more notice fee because as a cm myself I don't understand this. Perhaps she needs to confirm with her LA or insurance company regarding what she means.

So basically you're saying that she booked holiday, you gave notice and then she changed her holiday - incredibly cheeky!

Is there anywhere in your contract where it says she is allowed to change her holiday dates once she has given them to you? If not, you're home and dry, just point that out and you shouldn't have a problem.

Otherwise, I'd be tempted to go down the unfair contract route. Contract law states that the contract needs to be fair to both parties - this situation isn't fair.