childcare contract

anmarj

Hi after a bit of help here.

I gave the childminder notice at the end of June, 1 month as per contract, that my child will be leaving at the end of July. I have a letter confirming termination of contract, to give confirmation of this and money due to her for the period and when it will be paid. He would of been leaving to go to school in 6 weeks, but me and my husband have had to schedule in extra holiday for the last two weeks to cover the rest of the holiday.

Question I have is, if I turn up tomorrow and she says he leaves now and refuse to take him, would i still be required to pay her for the month notice?

There has been issues but trying to be amicable for all sakes but communication has broken down.

unforeseen

She would probably take him but insist getting paid to the end of July, which would be correct AFAICS.

FBaby

Do you mean she decides to end the contract with no notice on her side? What does the contract says about her giving notice? I assume there is a clause about dismissal without notice in exceptional circumstances. What does it say about payment?

anmarj

Yes I mean about ending contract with no notice on her side, we realise that we would be due money if it was the otherway about

the contract is a paper standard contract, which they ticked the boxed and put in amounts ie half day £20, sickness in full etc, the part about notice is "written notice required for termination of this contract _____ working weeks or full fee in leu of notice (this applies to both minder and parent) the blank bit was never filled in by her, she got me to sign a new one last year as she got told off at her inspect but don't think this was filled in either, I never got to take a copy home, so only have the original one, but remember it was exactly the same

unholyangel

anmarj wrote: »

Yes I mean about ending contract with no notice on her side, we realise that we would be due money if it was the otherway about

the contract is a paper standard contract, which they ticked the boxed and put in amounts ie half day £20, sickness in full etc, the part about notice is "written notice required for termination of this contract _____ working weeks or full fee in leu of notice (this applies to both minder and parent) the blank bit was never filled in by her, she got me to sign a new one last year as she got told off at her inspect but don't think this was filled in either, I never got to take a copy home, so only have the original one, but remember it was exactly the same

So where did the "1 month as per contract" come from?

But to answer your question as simply as possible, she can't refuse to provide a service and still expect paid. Just as you are bound by the contract to pay £x per hour/day/week, she is bound by the contract to provide x hours of childcare as agreed. You can't have a contract between a business and consumer that has unequal cancellation rights (which it would be if she can cancel the contract without notice and without incurring liability while you are bound to give 30 days notice and have to pay for that month whether you use it or not).

Unless you had breached the contract in a serious way (such as threatening her with physical violence - not saying you would, just an example), she would have no justification to end the contract without notice.

anmarj

Thanks to be honest not sure where the one month come from! Don't think it was ever mentioned, think we have assumed it was a month.

Guest101

anmarj wrote: »

Thanks to be honest not sure where the one month come from! Don't think it was ever mentioned, think we have assumed it was a month.

If you assume4, you make an !!! out of u and me, just saying.


That said, if there is a one month notice period, it needs to apply to both parties. You are a consumer, she is a service provider. If she fails to adhere to the contract you could sue her for your unavoidable losses