Termination of contract, 4 weeks notice.

[Jlsmum1]

Hey was just looking for a little advice, I recently put 4 weeks notice in to my CM but and the time CM was on holiday ( at which we do pay 1/2 fees for) and that's no problem to us at all, this was all agreed at the start of contract when signing, however CM is saying that the first week of notice at which CM was away for does not count!

I must say I do find this really unfair and surely something like this should certainly of been stated in the contract! I have read our contract so many times And there is nothing reagarding holidays during notice period, just either side has to give 4 weeks notice that's all. It's not like CM has missed out completely of payment as we have paid 1/2 while CM has been on holiday.

Thank you x

So is the childminder saying because she was on holiday she effectively didn't recieve your notice until a week later?

I think she has a point, it's only notice if she receives it. Or did you contact her on holiday to tell her? In which case that's awful!

Did you give your notice to here face to face? Did she acknowledge the notice?

If she didn't actually received your notice then it's a bit of a difficult one I think. But if she actually received your notice four weeks in advance of your leave date. then it's fine. Some CM want it all ways though.

How did you give notice? Was it email or phone? Letter?

I see the mixed points and views on this matter and thank you. I gave the notice in writing and posted it. CM was on holiday that's why post was they only option, I didn't want to pester CM while on holiday with emails etc etc.

If this is the way it goes then I'll go with it, I just find it really unfair and I honestly would of thought something like this would of been highlighted out at the beginning.

Well written notice implies it's been read, otherwise how is she notified? And how does she know it wasn't posted the day before her return?

May I ask why you left it until she was away?

It's tricky. Without express provision in the contract, it would probably be when she received the letter then (given that you knew she was on hols)

Legally (in England and Wales) if you post a letter by first class post it is deemed to be served (received) the second business day after posting the letter whether it is read then or not.

To be fair you can't really give somebody notice by post when they are away on holiday and take the risk they haven't received it. Maybe it's legal but it's not very fair. Imagine getting back from a few weeks holiday and finding a letter to say your CM has quit. No. It's not on really.

Of course she didn't receive the letter until she was back from holiday. So I think it is perfectly obvious that you haven't given four weeks notice until she has read the letter.

That's actually very standard terms for a childminding contract. Holiday period does not count as part of the 4 weeks notice.
I use contracts from one of the main childminder support companies and this is a standard part of their contracts. You may find it detailed in the small print.
If it's not in the small print though or part of any of the documents you signed, you would be within your rights to challenge it.

I dated and posted the written notice on Friday 4th of August meaning in my head end of notice would be Friday 1st of September as my child is starting a nursery on the 4th of September.

I only got confirmation on his place in the post myself of Friday the 4th August and I wrote my notice to CM straight away I knew she was due to go on holiday but was not sure on exact date as my child does not attend CM on Fridays.

My CM then messaged me the following Friday saying received notice but the last week CM was off does not count and that actually termination of contract would be the following week. I find it all very confusing and misleading as this was certainly not stated too me until now.

If I have to pay that's fine I just wanted a little extra advice

I think it's fair enough that the notice should be from when she's received it, and she can't if she's away. How about you reply saying you understand but if she does happen to get your child's space filled so there's no employment gap, hats you'd appreciate the 1 week 'back'. Word it better than me though!

I agree with lindy2 the contracts I used when I was a childminder stated. Price could not include holiday periods. You need to check your contract and the small print to clarify this.

Thank you seven201 I think I will do that, I don't want hard feelings my child has been there for 2 years I'm very happy with my child's progress and my CM. I just thought this last year my child would benefit from a nursery and more children ready for school.

The only proper advice has been this:

Legally (in England and Wales) if you post a letter by first class post it is deemed to be served (received) the second business day after posting the letter whether it is read then or not.

Unless there is a contractual term that contradicts this, then that's the legal position, irrespective of what seems to make sense.

Clause 25 of Pacey contract states:

Notice of termination of contract.
Either party may give written notice of termination to the other. Written notice should be provided in a letter ( not SMS text message) If email is used, this must be followed by a letter.
Such notice of termination must not be given whilst either the childminder or parent/guardian is on holiday.

The legal point about posted notice is true except when you have reason to believe that it will not be read by the person you have sent it to....which you did have as you knew she was on holiday.....

If it is a Pacey or Morton Michelle contract the part about holidays is on the back in small print.

How would you feel if your cm had waited for you to go on holiday before posting notice to you so that when you come back through the door your welcomed to hope you had a great holiday but now you have 3 weeks to sort childcare.....or you came back to work to find redundancy or letter of termination giving you 3 weeks to find a new job?
The clause works both ways and is designed to give either party time to sort out alternative care....imagine if your holiday had been 2 3 or even 4 weeks.....

On the note of feeling a nursery is better at her age have you actually given your cm the chance to discuss this? I have 3 children at the moment 2 stayed for their 15 hours with me one left to go to school nursery...the one who went to school can no longer write their name and has forgotten how to use scissors their learning goals for the summer were to put on own coat (all were doing this including zips between 2 and 2.5 years and this child is now 4) to count to 10....lo could not only count to 20 but could also do 2 4's etc. to recognise numbers - ditto...letters familiar to them....could find any letter and know the phonic before starting school nursery.
School readiness is socialisation - very possible in childminding e don't stay in, attention skills (including listening in groups ...library story times, toddler groups) independence (separating from main career - networking child-minders, self care (dressing toileting eating independently), recognising need for drinks, food, rest,
Nursery and child-minder all do this as we all have to meet the EYFS and work to early learning goals.