Termination of childminding contract

[bradsmummy]

Hi all,

One of my mindees mum has been made redundant, she finishes in a weeks time, although she has not terminated her contract with me as yet, I am shortly expecting it.
I understand that 4 weeks notice as contracted must be put in writing from her and then either continue to send child and pay for care for four weeks, or pay me four weeks fees in lieu of notice and I will be available during the notice period.

My question is ( as i have not terminated a contract as yet) If she does not use me for the notice period is the fees in lieu full or half fee?

should be in contract but I would imagine full fee but will be up to you if you want to offer her half fees

do you hav3 a formal contract with a child minder then. blimey

Why wouldn't you have a formal contract with the person responsible for looking after your children???

Flum, All professional registered childminders have contracts with their families, it protects both parties.

Brads mummy, it would be at full fee, it would be up to you if you wish to vary it. The place must be available even if she doesn't use it, so you couldn't fill it with another child, but you could take a deposit knowing a place is coming up.

Yep - I'm with Alibubbles....and I would charge full fee....but if I got offered another child I'd give her a refund (of the bit the new child took - iyswim)

It's horrid when it ends isn't it....all emotional and upsetting

awww thanks guys, I agree with you i will charge full fee, but she did say last week shes wanting to try and get another job before she finishes her current so she doesn't have to end contract, I will be sorry to see them go if she terminates as they are a lovely family, even though i have had my probs with them ( some of you may have read my recent posting " should i be sympathetic?") but i'm afraid its part of childminding seeing old families go and welcoming new ones. I think i better had stop waffling lol

My childminder text me to say she was no longer having my daughter after 3rd of June 2011,the text was sent on Thursday 2nd June 2011.she did not give me 4wks notice to terminate and only reason she gave was she had to think about her kids and herself.I have kept the texts and all fee's where paid up to date.the only time I was late paying was when tax credits took 8weeks to sort out,but paid all the balance when I received tax credits.I am wanting to know where I stand legally with her termanating without giving me notice and hopefully you could advice me what to do.we did and I still have the agreement we both signed.thanks jackie driver.

Malissadriver - start a new thread in the childminders topic - you're more likely to get replies.

You failed to pay for 8 weeks? I would have thought that you breached your contract the moment you failed to pay on the due date and the contract could be terminated without notice.

However haven't seen the wording of your contract, so your contractural terms could be different.

bradsmummy - If she needs to get back to work asap, she may not leave you (one of my parents was out of work for a year and a half and kept the space, beacause she knew she'd need it when she got a job. I offered temporary extra days to everyone else, so she could have as many unpaid days as possible).

Melissadriver - your tax credit problem should not have been your childminders problem and like nannynick I also think you probably breached your contract.

I agree with HSMM and nannynick.. how you expected your childminder to keep a service open for you without payment for 8 weeks is beyond me... very cheeky!!!! You are lucky she kept it open, I would not have. I have bills to pay.

Tax credit payments are NOT a childminder's problem, they are a parent's problem.. the contract is btwn you and the childminder, not the childminder and tax credit people.

Whereas I do not agree with her just ending things sans notice, by the sounds of it, there is probably more to this story than we realise and the childminder had had enough.

bradsmummy.. it depends what your contract says... I would expect full fees for notice period.

Not such good advice (to the recent post by Malissadriver) guys, your childminder can't decide to tear up your contract just because one of the terms has been breached - particularly as the breach has now been remedied. How would that work - you once fail to pick up your kids on time and you live with the threat of instant termination for ever more?

No, if the contract says 4 weeks notice then that is what she should give, and if she doesn't you may be entitled to damages. That could include loss of earnings while you are arranging childcare, and some or all of the increased cost of alternative childcare during the notice period.

Of course I agree with the others - you should not have expected your CM to care for your children without paying her in full for that care, but two wrongs do not make a right.

Is that right mranchovy (no legal brain here). My contract does have specific instructions about late pickups, late payments, etc, so hopefully I'm OK.