Notice and Holidays

[BackToBasics1808]

Hi,
I have verbally given my Childminder notice of about 7 weeks and followed it up in written format with almost 5 weeks notice for my DS.
CM has just informed me they have booked a holiday which means they cant have DS for the last week of his notice giving me 2 weeks to now source alternative care. Normally I wouldn't have minded but I cant take leave during this week and had pre planned notice around all other things which they knew about when I explained my situation and why I was giving notice.
My question is I thought they had to give me 4 weeks notice of holidays but they say 2 weeks by contract (I can t find a copy of the contract as DS been going there years and they keep saying they will get me a copy but its yet to make its way to me) they seem to think they are entitled to full pay for this week but by contract its only half pay when either on holiday but they are saying that as on notice its full pay for this period - but is this still the case when on notice and holiday booked after?
I pay monthly so they have said I will get a final invoice this week until the end of notice period i'm just wondering where I stand. Its not that I don't want to pay - its just with a holiday being booked after notice accepted I'm not really happy about having to pay for alternative childcare and full pay with only 2 weeks notice
Thanks for reading

How many weeks of notice of termination do you have to give as per contract? How many weeks have you got until the start of her holiday?

I'm not sure as I cant find the contract. I have requested a copy
Verbal notice was accepted at almost 7 weeks and I did put it in writing nearly 5 weeks in advance (mainly because someone before didn't and when verbal notice ended they tried to claim notice hadn't been given correctly so written notice would start from that date ie 4 more weeks of payment although child never returned - this is what I heard anyway)
They go on holiday 2 weeks on Friday meaning the last week on notice I have no cover for my DS (only told me this morning)

Doesn't sound right to me. Why don't you say you're not paying for that week at all unless they can give you a copy of the contract.

If the contract has a 2 week notice period then they are justified in only giving you 2 weeks notice... however they should definitely be able to provide you with a copy of the contract.
The full pay thing sounds ridiculous. It would be different if you were choosing not to send your child during the time they are on holiday but as the reason you are not receiving childcare is because of their holiday, and not your notice, you should pay the half pay.

They can't charge full pay if their contract for holiday pay says half fee. It's doesn't matter that it is in notice period, they have closed the business which means no full fee.

You need to get a copy of that contract. If it were me I would say to her I thought the notice period for both end of contract and holidays was 4 weeks so can I have a copy of it please...if she doesn't give you one I would put this in writing that you have repeatedly requested a copy of the contract and as the cm seems unable to find it you are assuming that your correct at 4 weeks which means that you don't have to pay for the final week as she hasn't prove otherwise. Then at least you don't pay her for this week.
If she uses a standard Pacey contract it does say written notice.....but also written notice of holidays. It also says notice can not include a period of holiday or paid time off.....but as she didn't inform you of this holiday before you gave notice I would question if that applies.

Its always best to get some legal advice so I would contact CAB