Any cm's help me with this query re: notice period payment?

[philmassive]

Hi all, just need to pick your brains please.

I have a child who's mum has just given me notice (via text )and has said Monday will be her ds's last day with me. She has paid me for Monday already. My notice period as per contract is 4 weeks but she is off on holiday (pre agreed) for the following 2 weeks after next week and so she was taking that as 2 of her 6 holiday weeks (which she would not have to pay me for if her ds was coming back after the hols).

My question is this. Technically she owes me 3 weeks money for the notice period but wouldn't have been paying for two of these ordinarily as they're on holiday. What is the situation with this do you think? Should she still be paying me 3 weeks notice, regardless of the fact that I wouldn't have had her ds for these weeks due to holiday or do I have to cut my losses and admit I've been stitched up?

If it's any help the reason I think she's given me notice is because I am starting to insist that payment is as the contract states (in advance, and any holidays after the 6 weeks they're allowed are paid) so chances of getting money are slim I suspect.

Any thoughts on this from the expert panel?

As far as I am aware, when giving notice, it is not to include any holiday on either side, so therefore the 2 weeks they are away do not count and she would still owe you 3 weeks money.

Unless you have stipulated in your signed contract that she has to pay you when she is on holiday or that the notice period does not include pre arranged holidays, then you cannot expect her to pay you.

Sorry, just noticed your question was to cm's, of which i'm not, just a parent who uses a cm. :-)

I have 4 weeks payment on end of contract wether used or not, no hols, full contract hours payable

never had to use this though, just wanted to say what I say

Urgh, seems like cm's need to think of every possible eventuality or else people will try to stitch us. Things like this really get me down. She has never had a problem with the care I provide but as soon as money rears it's ugly head then people get nasty. Will put it down to experience and make sure that I think of every possibility when I next detail a contract.

If she would not have been paying you for the two weeks holiday, then she should probably only pay you for the outstanding period (ie to Wednesday in four weeks time - the two weeks holiday). I guess you could look at the year on a pro-rata basis, as in how many weeks was she due to have had of the six you mutually agreed. This is the same when leaving any job, you work out your remaining time minus any leave due, and if you have taken more leave than you were due for the period worked, you have to pay it back (in days worked).

If it is an NCMA contract I think there is a section on the back about holidays in notice periods (but I don't know what it says)

I'm lost with the numbers... as you mention 4 weeks notice, then 6 weeks holiday.

I feel it should work as follows:

Week 1 starts the day you received the text message (or the day after if you like).
So from that date, work out the termination date, which would be text date + 28 days (4 weeks).
You've pre-agreed that she doesn't pay you if she is away, and she is away during some of that time, so I don't think you can get payment for that. But after their 2 week holiday, will they still be owing you a week?

What happens if the parent does not pay? Taking it through small claims court may be hassle and not result in much - perhaps a repayment schedule of £10 a week for example. So is it worth the bother? Only you can decide that.