Update: CM threatening to take me to court

[Needadvice2018]

Hello,

Having to redo this as last time some details were still visible .

I posted a thread the other day in both legal matters and childminders. Basically my CM has sent me a letter threatening to take me to court over unpaid childcare fees. In her letter she stated that contracted hours and contractual notice are the same thing and therefore I'm liable as I didn't give her 4 weeks term time notice. However, I've interpreted her contract to mean contractual notice must be within 4 weeks regardless of whether or not it's during term time. I also don't believe that contractual notice and contracted hours are the same thing!

Basically, what I'm asking is whether or not I've just misconstrued the terms of the contract or whether they are actually ambiguous.Any advice would be greatly appreciated thanks!

Which version of the contract has your signature on it?

The addition of the words "term time" in those screen shots does not, in my view, change the meaning of the contractual notice period unless the notice period wording has also been changed to say "4 weeks' notice, such weeks to be within term time" or similar. That would in any event give rise to further questions: what dates means "term time"? Is it supposed to mean whatever school your child attends? I would argue such a clause - subject to any defined terms - could be void for uncertainty, as the parties could not know at the time the contract was formed what the relevant dates would be.

Anyway, if you never signed any contract saying term time notice, all of this is irrelevant. She can not impose terms on you by sending them to you after you have already formed the contract. That isn't how contract law works.

@BlackAmericanoNoSugar

The contract which doesn't include the phrase "term time only" is the one I signed. Not actually sure where the other contract is from but it's a picture my CM sent me.

I used to be a childminder and my contract did say that notice had to be in full working weeks for term time contracts. This doesn’t. Let her take you to the small claims court.

Well the one that you signed is your contract with her, her changing the contract after you have terminated means nothing at all.

The contract you signed is the one that matters. And, even with the changes she has made, the contract still doesn't mean what she says unless she has also changed the clause about notice.

Adding term time only changes nothing it’s the notice clause which states 4 weeks

She is trying it on you gave her plenty of time to find someone

Tell her you'll see her in court with the original contract. She's a cheeky fucker.

Only the contract with your signature on it matters.

I wouldn't ignore. I you are right that she us just trying to intimidate you. You should write back politely saying:

The image of a contract which you sent me is not the same as the one I signed.

The contract states 4 weeks notice. I gave you over 6 weeks notice.

You are claiming retrospectively that you believe that notice can only be given during term time but this is not specified in the signed contract.

By all means you can try to prove otherwise in a court of law if you wish, but I have no doubt that the law is on my side.

Is it possible that she added those words to your originalcontract after you signed it? If so then she should have, at the very least, asked you to initial and date any changes.

But I agree with everyone else. 4 weeks notice is 4 weeks notice.

I used to run a children's activity. The contract stated that "a half terms notice must be given mid-term for a child to leave at the end of that term or fees in lie would fall due.". Her contract doesn't state that notice must be given in term time.

Definitely reply, don’t ignore. Say you don’t believe the contract says what she thinks it does and you are happy to go to court. It looks like she hasn’t yet consulted a lawyer so I imagine that would be her next step. Most likely they will tell her she doesn’t have a case and she will drop it. Or they will write to you with a better explanation of why she does have a case and you can decide from there.

I am just pointlessly musing now but I would have thought it better for her to have the summer to fill your place. If you had given 4 weeks’ notice now and left mid-October wouldn’t it be hard to fill the place at that point?

I send out contracts to clients. If I drew up a contract, got it signed by a client, and realised I fucked up and it didn't say what I wanted it to mean, then added something and tried to pretend it was the original contract, I am sure I would be guilty of something. (I am sure @1wanda1 could tell us what precisely .) She cannot do this, it's a serious matter.

i'd reply with a 'cease and desist' paragraph in there, with a 'if you dont i will start harassment proceedings" or something that hopefully someone legal can help you with?

Ah well there you go she's sneaked in the 'term time only'. It still doesn't make any difference, but it does reassure you that she knows she's stuffed up .

Send a polite letter that tells her that you've given her 6 weeks' notice in good faith, in excess of the contract terms, and that you consider the matter closed.

Sent her back a photo of the one you signed, this is the contract we signed and I fulfilled the requirement of 4 weeks notice.

Let her take you. Shes wrong.

OVienna I think at this stage it would be a stretch to raise any issues of fraud/deceit (in respect of the replacement contract, and would probably just turn up the heat, which could be counterproductive.

All the OP needs to do is write back making the following points:

1. The signed contract states 4 weeks' written notice, not 4 weeks' term time notice.

1. OP gave 6 weeks' written notice.

1. The screenshots of a contract with slightly different wording are not images of the contract signed by OP, so are irrelevant, but even if that contract were signed, its wording still does not require 4 weeks' term time notice.

1. It appears from the CM's correspondence that she has misunderstood the notice obligation required under the signed contract. However, what she thinks it says / intended that it should say are not relevant. The contract requires 4 weeks' written notice and OP has complied with that obligation. If CM remains in any doubt about that, she is free to seek independent legal advice.

1Wanda1 you do seem knowledgeable in this area but may I raise a query on a point you made on an earlier post, that small claims court costs aren't recoverable. I did recover mine. All court fees (from application, to responding to the counterclaim) and randomly, having asked DH and I what our jobs were, awarded us money for the day in court plus parking charges.

1Wanda1 was referring to legal costs, i.e. sums spent on lawyers. These are not generally recoverable in the small claims court. Court fees and some other minor costs are recoverable.

Non-compliance with protocols can have costs consequences for the party who doesn't comply, but in the small claims court costs aren't recoverable anyway so this is a bit of a non-point

I understood that to be court fees rather than legal fees. Just wanted to have that clarified incase the OP took the same interpretation as me.