Question about 4 weeks notice in our childminder's contract

[AlBrun7]

Hi everyone, a quick bit of advice please.

We recently served 4 weeks notice before the Christmas holidays to end the agreement so that our daughter could start nursery in January. During December and before notice was given the childminder setting was closed for 2 days and we were promised a refund in February's invoice.
We have since asked for this and the childminder has refused as they have stated that notice does not include holidays. Having checked the contract several times holiday notice is not in the contract and is a straight 4 weeks either side when wishing to terminate the agreement. I have asked the childminder to show us where it is and we have been given vague answers.
Could you please advise what next steps I could take in order to formally ask these 2 days to be refunded as the childminder has so far refused. We are fair people and would happily pay the whole month if holidays were not included in notice but the contract says it is 4 weeks either way. Many thanks.

OP, I’m presuming your relationship was not good with your childminder? Has she been able to fill the space?

While I understand that four weeks notice is contracted. Childminders are often small settings. I’d imagine the loss of your child (and their income) has cost her more than it has you? When did you confirm your nursery space? Could you have given her more notice?

For context, I’m writing this as someone who technically has to give my minder two weeks notice - but my kids account for half her income. On paper or not, I’d never expect that from her. Ive already let her know it’s highly likely my eldest will move to preschool- in September. So she can plan ahead.

Wondering if perhaps bigger picture thinking could be helpful here.

If she wanted more notice then her terms should say the notice she requires. No point saying 4 weeks notice if actually she wants 8 or 12.
OP if it doesn't mention working days or holiday then you are correct.

This comes from the NCMA where they advise that childminding contracts should not include periods of holiday. I get the point, she could hardly have filled it when half the notice period was across Christmas and new year.

Well they can advise all they like but if that is not stated in the contract then it is not legal.

Send her a message in writing preferably email asking for your money.

Then if you are definitely sure you won't need a childminder in your local area for anything in the next 5 years, start the process for a small court claim.

I'm just sating I understand where the childminder has heard this advice.bits unfortunate that the OP didn't feel generous enough to give more notice than the bare minimum. It all feels pretty mean on both sides, it's sad when relationships break down like this.

If she's using a pacey contract (used to be ncma not for few years now) usually printed on back of contract 'not to include holidays '

Thank you very much for all your replies - I do appreciate it. It wasn't that we weren't generous to give more notice. We found out mid Dec that our daughter had a place at nursery from mid Jan so we had to act straight away and give notice which was just over 4 weeks and the last thing we wanted to do was leave things on a sour note8 after her only being with the childminder for 2 months. However as soon as we served notice our childminder informed us that (Christmas) holidays don't count but there is nothing mentioning that anywhere in the contract so this week we asked for a refund for the 2 days closure last minute which she is refusing. Our childminder has since said that we forfeit the 2 days of closure (about 100ukp) due to holiday notice but as mentioned this is nowhere in the contract and I've asked the individual to show us where that is which still hasn't been done. In the grand scheme of things, it does feel quite trivial and not worth anyone's hassle but it's more the fact that we feel we've been 'lied to' in order to not receive the refund for 2 days closure. If our childminder genuinely believed that holidays notice didn't count then we would have expected an invoice for the whole month of closure which was never requested and we would have paid. Overall the relationship was fine and she was a nice individual but wires appear to sadly be crossed. Thank you again for the advice.

Also just to add - we were only using her for 2 days a week Oct - Dec so really our invoices wouldn't have been her the majority of her income.

Did the childminder know she was only a stop gap whilst you were waiting for a nursery place?

No, it came out of the blue really as we weren't expecting the nursery place to be offered until well into 2023 but it sadly doesn't change the contract situation.

Your right but Ncma changed to Pacey years ago...to expend for benefit of others... if it's a pacey contract that is what it says in the notes section ....on the notice period there will be a small number that refers to notes on the back page ...notice should not include time which is booked off or when care is not usually given ..this is so that either side has the full period to seek alternative work/childcare.....if it were the other way around and the op was going on a holiday they would be on here crying how could they seek alternative childcare when away on holiday.