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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have a dispute with my childminder. Very unhappy with how

Customer Question

I have a dispute with my childminder. Very unhappy with how difficult and defensive she was and my son was very unhappy with her so gave her one month notice - paid for it in full even though ym son was not going sicne very unhappy. Now she is forcing me to meet in person to settle the account. I do not want to meet her since she is very intimidating and do not want to go to her house. So I asked her to send me the calculation by email, and if I owe her anything then I will settle it. She refuses to do that. So we had an argument as I felt she was being very unreasonable and she thretenend to get Solicitor involved so I reluctantly agreed ot meet her yesterday. However she was ill and said could ont do yesterday. I cannot do for another 2 Sundays (only day she will meet me) since I will be on holiday. What can I do? I am not refusing to pay. I just do not want to do it in person.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
There is no legal requirement that you meet her in person.
If she says you owe her money she should be able to set this out in writing and give you the opportunity to consider it and pay if necessary.
You could write to say her to say that there is no legal obligation for you to meet with her and that if she feels you owe her money she should set it out in writing.
Even if she does get a solicitor involved, which is unlikely, you cannot be forced to have a face to face meeting.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Ok but does it matter if I agreed to meet her in person as she is very inflexible and did not want it any other way. However the circumstances have changed now as the meeting has been postponed for another 2 weeks. As she will only agree to meet me on a sunday afternoon - no other day.

So can I just email her and say in light of recent events it would be faster to settle the account if she sends me an email with her calculation and I settle it that way - by transferring money in her account?

She is very capable of involving a solicitor even if just for the sake of making my life difficult. That is her nature so I did not want my son continuing to go to her.

Expert:  Jenny replied 2 years ago.
Hi no the fact that you agree to it before does not mean that you are now obliged to meet.
A solicitor is unlikely to want to be involved in this even if she pays them!
I would suggest you email her as you have suggested in order to resolve matters.
If she continues to trouble you then you can tell her that you consider her action amounts to harassment.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Thanks so much for your advise and putting my mind at peace since I feel very intimidated so would have to take my husband with me and my son would need to come too which is the last thing I want.

About the harassment thing since I already know her response, what can I say about this? That I would have to take this further if she does not stop to trouble me and force me to meet her?

Thanks,

Expert:  Jenny replied 2 years ago.
Yes you should state that you will take matters further if she does not stop harassing you.
I think you have definitely done the right thing removing your son from her care.
Please do take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question.
I will be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello,

I had a further question. Just trying to finalise everything before the meeting.

When I gave childminder notice - contract says:

Period of notice 4 weeks - which what I gave

Then said "Notice of termination of contract must be given in writing and should not be given during a period of holiday of either party or the childminder's paid time off.

The notice period cannot include a period of holiday of either party or the registered childminder's paid time off, or during a time when childminder is not providing care or being paid in full."

I am wondering how this can be interpreted. Since childminder was not on holiday the week I gave notice and I was not on holiday either but because it was the easter week and my son was off school, I had taken a a few days off that week. However, she was getting paid in full. I am only asking to see if she is within her rights to demand extra payment for the monthI gave notice as my son did not go to her for those 4 weeks except one day since he was so unhappy.

Expert:  Jenny replied 2 years ago.
Was the childminder contracted to care for your son during school holidays?
Customer: replied 2 years ago.

Yes but only for the minimum 15 hours which was payable term time and holidays regardless of whether he went or not. If on holidays I wanted him to be looked after by her then I would have to pay for say full day over and above the minimum contractual hours. However, that was my choice. I did not have to pay her anything more than the minimum 15 hours as per the contract.

Expert:  Jenny replied 2 years ago.
In that case I think you are right that you have given adequate notice.
I would not pay her any more.
Customer: replied 2 years ago.

Ok thanks so much.

Expert:  Jenny replied 2 years ago.
No problem.

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