Childminders breaching contract??

[Mummyc64728]

Hi, just after some advice in case anyone has been in a similar situation.
Our PACEY childminding contract states no fee is payable if the childminder is off sick. She was off sick for 2 days this week and has messaged me to say that she will deduct those 2 days off their yearly holiday allowance. However, we still pay in full when they are on holiday so not sure that counts?!
Am I within my right to ask that she knock it off our next bill instead?

I would read that as meaning she will take less holiday to make up for the absence, not that you'll pay more.

Yes this

@BarnacleBeasley yeh i get that we don’t have to pay more, we will be paying the same effectively.
It does state in the contract there will be no fee if she is off sick. So am I not entitled to a refund for those days she was off sick?

Have you asked the childminder if you can have a deduction on your next invoice instead?

Well - I guess so, but does it actually make any difference to you? If you are expecting to pay her for a certain number of days' holiday this year, why does it matter if two of them are now rather than later on? Or were you planning to take the exact same holidays as her so you will be out of pocket (because you won't need her for two of the days she will now be working)?

What is the ‘holiday allowance’? Is it mentioned in your contract she only takes a maximum time off? I didn’t have this with my childminder.

So she is proposing for example, to take 2 days less holiday later on in the year?

What if you for example, chose to remove your child before then? Or if she has to quit due to a medical issue? (Both have happened to me!)

I would ask for a deduction on your next invoice.

@MariaVT65 yes exactly. We are actually thinking of moving our LO to nursery soon as I am hoping she will provide us with a refund for those 2 days instead

Yeah with my childminders they roughly had x weeks off a year but then would ask for extra time off for appointments or an event etc so I think her suggestion is a bit dodgy. She has probably already spent the money. Definitely ask for it to be deducted from next month’s invoice and say you like to keep everything in order/settled month by month.

Have you asked for a refund or a deduction on your next invoice? If you haven’t then that would be the best course of action. It may be a non event as upon asking she may just provide you with what you require 🤷🏼‍♀️

For the love of God, please just talk to her! Have you actually asked her to refund you instead?
Why are you posting that the childminder has breached her contract? All she's done is to make an arrangement that she assumes her parents wouldn't have a problem with.

@Joleyne I am going to speak to her, I just wanted to make sure I wasn’t missing anything.
I hope you have a lovely day, and ‘for the love of god’ don’t be so rude.

I don't think it should matter, she will just take less holiday. If you choose to move your child before then then so be it! I can't believe people can be so nit picky about the one person who provides childcare to their most precious things!

Why didn’t you just speak to her in the first place? Surely that would have been easier rather than starting a thread saying your childminder is breaching contract! Why ask a bunch of strangers, who don’t know what’s in your contract, rather than just going to the childminder direct?

So she's effectively refunding you by taking 2 days off of what you pay for over the year so why is this a problem? Or were you planning to leave before she took her paid holiday?

Oh yep your hoping to get out of paying her holiday pay I hope she has in her policy she accrues holiday pay and holds a deposit so she can keep some back just like you would get paid a percentage of your holiday if you left before taking it ....why did you sign a contract for holiday pay if you didn't want to pay it?

Perhaps she's struggling financially.

If it doesn't suit you though ask for a 2 day deduction next month so she can budget for it a bit.

Alternatively, perhaps your child could do a couple of extra sessions, if it suited you and her.

As others have said though, just talk to her. There's absolutely no need to go in all heavy handed shouting breach of contract etc. She hasn't breached anything. She just has suggested that she takes the 2 sick days as holiday instead. No need for such dramatics.