Can I get this money back?

[MaryPorter]

I have been using the services of a Registered Childminder since October last year.

She has had a few incidences of sickness which has greatly impacted on me, I have no other available child care so I had to take time off work. I am now on my final warning re this.

Childminder has now been off for 2 weeks - initially this was to be sick leave but is now for a different reason. I started looking for alternative child care as I really can't afford to lose my job. CM told me she would be returning to work, and then changed it again (all via text). My intention is to serve 4 weeks notice when she returns. She has already been paid in advance for part of this notice.

Now she has informed me, again via text that she is aware that I am looking for a new CM, she thinks my behaviour has been disgusting :( and she is terminating our agreement, as she would normally expect 4 weeks notice she is keeping my money in lieu of this!

So just to sumarise:

• CM has terminated without notice

• CM has already been paid for 2 weeks that she hasn't worked.

• CM is now saying she won't return this money.

I will follow complaints procedure which entails sending a formal letter. Then if no satisfaction then contacting the Care Commission.

Is there anything else I can do? Should I get ready to go to small claims court?

Thanks in advance

Seems you have it covered mary! Last resort would be a small claims court but I think informing her you will contacting her governing body (care commission, or LA?) about her unprofessional behaviour will make her cough up. Have you thought about a nursery as they wont have the same issues re going off sick? Just in view of your problems at work though, as nurseries are germ factories so you may be off sick just as much with a sick child! What a nightmare for you and hope you find a good CM, probably better in the long run.

Sneeze nursery isn't an option as there are just no places available, talking an 18 month waiting list!

It's not so much the being off sick, we all get sick but its been for increasingly minor things and more and more frequently. Also, days off for going away etc without adequate notice. And I might be paranoid here, but its got worse since I started paying a month in advance.

Think you have it all covered. It's the care inspectorate now www.scswis.com/ but they will be thorough if you make a complaint. Personally saying that she is disgusted with your behaviour is more offensive than it all and if it's been done by text, I'd look to save the texts on to your laptop or however you can.

Yes I have saved the texts, and I've had further contact from her since I posted this thread. Still no money though. I posted in Childcare and got some good advice from Childminders on there. So I guess its just a case of sending a letter and waiting for a reply.

The OP mentions that she is on a final warning in relation to your absence to cover for the childminder. Could any of the MN lawyers advise whether her employer is behaving properly here? May need a bit more information, but it's another possible line of attack.

And yes, the terms and tone she has used have been less than professional :(

Sorry her absence (i.e. OP's).

Legally, you're allowed 'reasonable' time off to care for your child in an emergency, such as when your child is sick or when childcare breaks down. 'Reasonable' can vary though, it's usually just enough time for you to make alternative arrangements. There's more info here This is unpaid leave and you can do this as many times as necessary, you just need to let your employer know as soon as possible. You really should go and see the CAB about this, it sounds (at the moment) as though your employer is being very unreasonable as you shouldn't be put at a disadvantage in any way for taking this time off.

Sorry, my OP isn't that clear re my employment. I haven't been through the full abscence management procedures but basically that will be the next step. And its not one I want to take :(

Also, I have to take time off if I'm sick or my kids are sick, having to be off every other week because of a breakdown in childcare is just too much.