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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

I have just been sacked!!

25 replies

madge7 · 06/03/2007 19:43

HI Everyone,

Dont know if you remember, my thread is down below about my Mum being poorly etc and I took two days off to be with my family. Well I come back today as I had told the childrens parents I would (even though it turns out my mum was pretty much touch and go last night - but hey!!). The Mum rung me tonight and told me my services are no longer required as she needs reliability due to her circumstances (with her back).

Me being a complete div and not knowing too much about these things before my Mumsnet days didnt have any retainer/mention in contract about termination or anything.

Complete learning curve hey - what a few days this has been ............

OP posts:

Are your children’s vaccines up to date?

Set a reminder

Belgianchocolatesmama · 06/03/2007 19:49

Sorry to hear about that Madge. It's not the first time I've heard a similar horror story. It's a shame that some people forget that au pairs/nannies have their own lives and worries too. As well as that if she feels that she needs someone else it is very bad of her that she can't treat you fairly and give you a few weeks' notice to allow you to find a new family.

funnypeculiar · 06/03/2007 19:49

That's truely appalling (I read your earlier thread but didn't get round to posting) As mum (with a lovely childminder) can I offer to go round and give that family a good talking to?? Can't beleive anyone would be that selfish and thoughtless. Frankly, suspect you're better off without them.

Hope your Mum has a better night tonight.

Judy1234 · 06/03/2007 20:27

Were you child minding? There must be some implied notice period, surely even if you didn't agree it.

ScoobyDooooo · 06/03/2007 20:32

Sorry you are having a hard time of it this is just s wrong.

I thought that once you had been in a job for a month or over you were automatically on a contract you don't need a written one so she must have to gove you some notice?

Kelly1978 · 06/03/2007 20:33

I saw your earlier thread and I'm really sorry this has happened to you, I really think the mother is being inconsiderate. I hope your mum gets better soon and you find someone better to work for.

Original poster

madge7 · 07/03/2007 06:53

HI Everyone,

Have had a chance to think about this now and I was all ready just to give all back just for an easy life, but yes, I should be entitled to SOME notice shouldnt i???

Where do I find out about this???

Thanks for your messages by the way ;-)

OP posts:

meowmix · 07/03/2007 07:04

speak to Citizens Advice

SHOSHAlee · 07/03/2007 07:30

What sort of contract did you have Madge, if it was a NCMA one look at the small print on the back section 26, sob sorry love some parents are just to much

Original poster

madge7 · 07/03/2007 07:37

Hi,

It was a temporary contract, she needed short term childcare (she said at the time) which fitted in well as I have a new little un starting in mid April. The verbal agreement was it was for 6/8 weeks.

I have worked out that I commenced with them on Wednesday 7th February and given that I took this monday and tuesday off, she wrote me the letter dated last night, 6th March. Therefore I have actually worked for them for ONE calender month, four weeks in total....

I devised my own contract based on this as it was a difficult one to do, (parents not paying the bill, they are forces and a forces charity were footing the bill to cover thier childcare as mum was incapable for the mo).

I just said it was subject to review at any time and that it was a temporary agreement??

OP posts:

Judy1234 · 07/03/2007 08:11

I am trying to work out if you're employed or self employed. Just because your're a temp doesn't mean you're not employed. If employed AFTER the first month you're entitled to a week's notice (in the first 2 years). But if it was a fixed term thing one month and she 's just ended it when planned that's different I think.
If you were self employed it's whatever you agreed. If nothing agreed and it wasn't fixed term I suppose you could say it's implied it's whatever is normal in that industry and I would suggest a week. Try to get a week's pay out of her if you can. If you have any NI contributions you might get SSP for the time you've been off sick too perhaps.

Bozza · 07/03/2007 08:20

Xenia childminders are self employed and as I understand it madge has not been sick herself - it was compassionate leave due to her mother being seriously ill.

Judy1234 · 07/03/2007 08:30

In that case there must be a normal period of notice you give child minders surely even if it's just a week.

Original poster

madge7 · 07/03/2007 08:32

Hi,

The contract was suposed to be until 30/03/07 (verbally). I am self employed, but this was a temporary agreement in itself.... does that make sense?

No I wasnt sick, just my mum

OP posts:

Bozza · 07/03/2007 08:35

I think your problem here is the verbal bit because really it was a fixed term contract but how do you prove it? My contract with my childminder states 1 month notice on either side which I think is reasonable.

Miaou · 07/03/2007 08:45

Just to give another pov of a similar situation, I had a friend whose childminder took a week off work to get over a miscarriage (obviously, with virtually no notice). Although my friend was very sympathetic to her situation, she had no back-up help at all and she and her dh had to take unpaid time off work in order to "cover" for the c/m's absence (which caused them a lot of problems because of the nature of their jobs). It made them realise that the whole situation was untenable and they gave notice and moved their son to a nursery.

I think that this is just something you have to chalk up to experience and make sure you have a notice period written into a contract, as the c/m did, so she didn't lose out when my friend took her son out of her care. (We are all friends btw and this was all handled amicably).

SHOSHAlee · 07/03/2007 08:45

Madge I think you might have to chalk this one up to experience, unfortunately, I always have a contract NCMA do short term ones as well as there normal ones. Its horrible for you tho

Bozza · 07/03/2007 08:52

Miaou that was a very large factor in putting my DS in a nursery in the first place. And also partially why I have kept DD in the nursery even though DS now goes to a childminder - because he is at school and there is no afterschool/holiday club. As the years have gone by I have gradually developed some back up from other Mums but it is not so big a thing to ask somebody to look after a 6yo before and after school along with their own 6yo as it is to look after a 2yo all day. We did have one emergency with the CM when she was poorly on a day in the school holidays when one of my back ups was working (she only works 9-3 so is OK in termtime) and the other was on holiday but managed for DH to take DS to his sisters for the day.

GooseyLoosey · 07/03/2007 08:57

Mmm, not really my area of law but don't think it is possible for either party to terminate a fixed term contract on notice - the point is that both parties have to perform for the entire contract period. Should not matter that it is oral, but of course it does raise difficult questions of proof ie your word against hers as to what was actually agreed.

Even you being in "breach of contract" (if you were) would not normally entitle her to terminate unless you had failed to perform the contract in some fundamental way. She may argue that because of her "back", you not taking time off was fundamental.

Not sure where this gets you - you can go back and have an argument with her (think I would), but ultimately rights under contracts can only be enforced in court.

Soapbox · 07/03/2007 09:13

'I just said it was subject to review at any time and that it was a temporary agreement'

This is your problem I think. If the contract states it is for review at any time, then clearly she is entitle to review at any time. She has done so and decided not to use you any more.

It really is worth taking advice on the contractural arrangements you put in place, as in most instances that is where your protection lies if things don't go well.

I think it is one to chalk down to experience

I hope your mother recovers soon

Original poster

madge7 · 07/03/2007 10:17

I think your right...she sent me a message this morning, saying when will the money side of things be sorted?? and that she is happy to accept a personal cheque. Thing is it wasnt her who paid me it was the forces childrens charity so have asked the charity for a letter to say I can refund the money to the mum directly.....

I texted her back (and I am remaining professional altho I do wish I could shout my mouth off...but hey) to say I am seeking advice re the money and will get back to her as soon as possible.

I cant just give her the money can I, it didnt come from her, I need written authority from the charity for my records surely?

OP posts:

fireflyfairy2 · 07/03/2007 10:20

No, it belongs to the charity!! Give it back to the charity!! Call then & ask advice.

piglit · 07/03/2007 10:25

Send the cheque to the charity today and tell her that's what you've done. She can fight with the charity over it if she wants to. You're the one who's lost out - don't get involved with her any further.

lunavix · 07/03/2007 10:28

uh why should you give her money that a charity paid?

Original poster

madge7 · 07/03/2007 10:42

I emailed the charity last night asking for confirmation I could send money to Mrs Mum. The director, yes the director of the charity has just called me. She said under the circumstances I should repay them and she will contact Mrs Mum to get her to get her new childminder to submit her bill to them. She said I should not pay Mrs Mum at all. She then kindly wished my mum well and advised that if I couldnt repay the money in full I could send it back in part payments....how reasonable is that....

Fell like a huge weight has been lifted, honestly I maybe have a new little boy starting next month, I shall be asking you all to clarify the contract for me? Would you do that?

Oh blimey - what a palava!

OP posts:

dmo · 07/03/2007 12:59

anyway madge7 you cant be sacked cause parents dont employ us
hope this makes you feel better

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