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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My childminder, gave me notice via text to terminate her contract

Resolved Question:

My childminder, gave me notice via text to terminate her contract with me whilst I was on holiday as I questioned a payment.. do I still need to pay her even though the contract clearly states that neither party can do this via text or on holiday? She has not been having them, as I did not want to upset my children by sending them for only a couple of weeks.. where do I stand on this?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is she available to take them?
It is your choice that she is not having them?
Customer: replied 3 years ago.

She ended the contract by giving notice via a text message whilst I was on holiday. The contract I have states that first it cannot be done by either part via text or whilst either party is on holiday. I made the choice not to send them there in last couple of weeks of the notice period because I didn't want to upset thechildren any further as they are only 2 & 3 yrs old.

Surely she is in breach of her contract in the first place due to the way she gave me notice?

Expert:  Jo C. replied 3 years ago.
Yes, she is but all that means is that the notice is invalid and may need to be served again.
It doesn't release you from your obligations I'm afraid.
If you haven't been sending her but she is available to receive them and comply with the contract then you would be liable to pay I'm afraid.
Whether or not she will sue is another matter given that she may face a counter claim depending on the cost of alternative child care. However, if she is did you would be liable I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

No thank you for your honesty, it is very much appreciated. I have had to find alternative childcare, which has proven extremely difficult, and I still haven't been fortunate enough to find anyone, so a family member is helping me out.

The reason this started, was because believe it or not I was trying to be proactive. She takes Christmas and New year's off every year, and I work in retail, so as you can imagine this isn't easy for me to take off. I have to write to my area manager with as much notice as possible for it to be considered.

I did this and told her and she confirmed she would be off. She then messaged me and told me she was taking an extra week and would not charge me for it?

It is her contract that if she takes time off, then I do not have to pay...

I asked her why she was charging me for the rest of the time, and her reply was because I booked it before she did I still had to pay?! I said it wasn't fair as I only did this because I knew, and we had spoke about the Xmas period. I do not want to be off as this is the time of year I can boost my income with overtime.

She then text me and served me notice?!

Expert:  Jo C. replied 3 years ago.
Whether its in the contract or not, if she isn't providing the service at her choice then you don't have to pay.
On your other point, I do agree. You shouldn't have to pay for the days the service is not available.
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