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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50210
Experience:  Qualified Solicitor
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I had a further question. Just trying to

Customer Question

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.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was she required to work through her notice period?
Customer: replied 2 years ago.
The contract does not specify either way but I would assume so since she would have to give me 4 weeks notice and so would I. She would say her service was availalable
Expert:  Ben Jones replied 2 years ago.
She could argue that you issued her with notice of termination during a period of holiday which you had taken. However that would not automatically allow her to get more compensation for the notice period. I would say the key is that you pay her in full for the notice period she is due, just as if she had continued working for you. In terms of giving her the notice during a potential period of holidays, then all she could claim for additionally is the losses she has incurred as a result of that. We are really looking at the difference in pay she would have received had you waited to give her the notice period during a time when neither of you were on holidays or off work. For example, in this case you took 4 days’ holidays. Had you not given her the notice during that time your earliest opportunity to do so afterwards would have been at the end of that holiday period, sop only a few days later. The best she could hope for is compensation for any loss of earnings suffered if she had been given the notice period those few days later, so at best a few days’ extra pay. If giving her the notice later would not have made any difference financially then she cannot really pursue you for anything extra as she would not have suffered losses.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I have already given her notice. My child does not go to her. I have also paid her 4 weeks full pay being part of the notice period. In terms of her losing out more, would I believe since if my son went to her that week, she would get paid the same as those were the contractual hours so she was getting full pay regardless of my son going or not. So if we were both working then I would give her 4 weeks notice on full pay which I did. Please confirm this.

Also, I have had a lot of issues with her so in this final meeting, once decided on the final payment is there a certain type of letter I can get both of us to sign to confirm that I have paid her or she has refunded me in full and neither party is liable for any further payment. Since I would like to close this off completely.

Expert:  Ben Jones replied 2 years ago.
Look at this from this point of view. Let’s say you wanted to give her notice on 1 April and neither of you were on holidays. She would have received full pay for the rest of the month. However on 1 April you were on holiday and returned on 5 April. You nevertheless issued her with notice of 1 April. Under the contract you could not do that and the earliest opportunity when you could have done so would have been the 5 April. So in effect she has lost out on 4 days’ pay because she was issued with notice at a time when you were on holiday and when you could not do so under contract. So to ensure you cover this possibility, I suggest you pay her extra just for the additional days between you issuing her with notice and returning from holiday, which would only be a few days.
As to a letter, you can just have a brief paragraph stating that you offer her and she accepts the sum of £X as full and final settlement for all payments and liabilities arising out of the contract you had both entered into. This will not be fool proof though, and it would not stop her from making a claim if she really wanted to so do not rely on that to think you are 100% immune in the future – nothing can prevent her from claiming if she intended on doing that.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 2 years ago.

This is a different situation in the sense I gave notice on 1st April which was up (4 weeks over) on 28th April. However, during this whole period, I only sent him once regardless of whether I was on holiday or not. During this whole time she was getting paid the full amount so I fail to see why I should have to pay her anything extra.

Expert:  Ben Jones replied 2 years ago.
If she was guaranteed the work, then you would be liable to pay her for the notice period regardless of whether she looked after him or not. In addition, the fact you issued her with notice contrary to the contractual terms means she would have suffered a few days’ losses because you would have had to issue the notice a few days later when not n holidays. So that is what this clause would have meant for you both – you would have had to delay issuing her with notice until a date when you were not on holidays and by doing so she would have received pay for a few extra days. So to cover yourself fully you would be best advised to pay her for the difference in days between the date you issued her with notice and the date when you were back from holiday
Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks