Help with child care situation

[sxturbo]

If she is available and your child is eligible and its you who have decided to suspend the contract, then I'm afraid she is in the right.
Is there a force majeure clause in the contract?

Who served who notice that the service was not needed or no longer available ?
Yes this is a small claim fast track.

I'm not convinced you'll win

My child is no longer eligible though, he was but is now not, this was due to the ever evolving world of covid. My wife was initially classed as key worker, the government after a week then changed stipulations regarding Mots etc which then meant my wife was not classed as key worker, and so has been put on furlough by her bosses.

The child minder told us the service was no longer to be offered last night

 

[motorbiking]

she has withdrawn service because of govt legislation on Covid?
i.e. this http://www.legislation.gov.uk/ukpga...ading/schools-childcare-providers-etc/enacted

Sorry but I don't think you have a claim. This is a force majeure situation.

Do the terms include such a clause?

You could try a letter claiming relief from the obligation to pay her fees during the notice period due to a force majeure event. That is the best I can suggest without reading the contract.

 

[sxturbo]

what does the contract say on notice period? Is she offering to look after your child during notice period? why don't you want to use the service during the notice period?

The government current ruling states that only key workers are allowed to use child care services.

My wife has been downgraded from key worker over the last week.

The contract I'll post later

 

[sxturbo]

she has withdrawn service because of govt legislation on Covid?
i.e. this http://www.legislation.gov.uk/ukpga...ading/schools-childcare-providers-etc/enacted

Sorry but I don't think you have a claim. This is a force majeure situation.

Do the terms include such a clause?

You could try a letter claiming relief from the obligation to pay her fees during the notice period due to a force majeure event. That is the best I can suggest without reading the contract.

No she has withdrawn service as she found alternative employment.

The contract states that 2-4 weeks notice is suggested.

I'll post it up in a bit

 

[motorbiking]

Serve 2 weeks notice and demand your unused fees

 

[sxturbo]

I would have been happy if she said I'll give you half back but her attitude was shocking.

Contract terms below

 

[Harry Bloomfield]

Section 26 seems to cover it. If you terminate you owe two weeks pay, worked or unworked. If she terminated then you had to pay her nothing for time unworked. I'm now unclear whether you terminated or she terminated the child care, but worse case for you, you only owed her two weeks pay rather than the 3/4/5 weeks.

 

[sxturbo]

Section 26 seems to cover it. If you terminate you owe two weeks pay, worked or unworked. If she terminated then you had to pay her nothing for time unworked. I'm now unclear whether you terminated or she terminated the child care, but worse case for you, you only owed her two weeks pay rather than the 3/4/5 weeks.

She terminated not us. We removed child from care temporarily as per government guidelines/ rules but continued to pay for the space.

According to the contract only 50% should be paid to hold the space open

 

[sxturbo]

Letter I wrote last night.

Will be sending it on Monday but think I'll sit down and have a re-write tomorrow,

 

[Harry Bloomfield]

Letter I wrote last night.

Will be sending it on Monday but think I'll sit down and have a re-write tomorrow,

View attachment 187753

You need to decide whether you mean 7 or 14 days to pay the refund and make it clear she terminated the contract.

 

[motorbiking]

Dear X,

Thank you for your letter of Termination on date x, suggesting end of service date Y. Having taken advice on the matter, I am reminded that clause 26 of the contract requires only a minimum 2 weeks Notice. We are happy to accept your Service Termination on that basis and confirm the contract end date of Y (2 weeks from x). By my calculation I have payment credit on account of X, calculated as (blah}. Please ensure this is transferred to bank sort / ac blah, no later than 7 days after the end of contract date Y.

We thank you for your service.

keep the emotion out. your letter is way too long.

The unforeseen circumstances clause also gives some angles, but it is unilateral.

 

[sxturbo]

Dear X,

Thank you for your letter of Termination on date x, suggesting end of service date Y. Having taken advice on the matter, I am reminded that clause 26 of the contract requires only a minimum 2 weeks Notice. We are happy to accept your Service Termination on that basis and confirm the contract end date of Y (2 weeks from x). By my calculation I have payment credit on account of X, calculated as (blah}. Please ensure this is transferred to bank sort / ac blah, no later than 7 days after the end of contract date Y.

We thank you for your service.

keep the emotion out. your letter is way too long.

The unforeseen circumstances clause also gives some angles, but it is unilateral.

does this part have to be written in the letter?

"no later than 7 days after the end of contract date Y"

i cant see a reason for them to not be able to provide the refund sooner than contract end

 

[conny]

does this part have to be written in the letter?

"no later than 7 days after the end of contract date Y"

i cant see a reason for them to not be able to provide the refund sooner than contract end

I would consider changing this to,

"Within 7 days of receipt of this letter."
Send it first class, registered post, next day delivery signed for and make sure you keep an exact copy of it for your records.
On line banking operates 24/7 so there is no excuse to say they can't get to the bank/post office because of lockdown.

 

[HERTS P&D]

don't make any rash decisions, particularly costly ones. Things always balance out. Let this one go then bide your time.

Wait until she asks for a reference.



Andy

 

[Harry Bloomfield]

I would consider changing this to,

"Within 7 days of receipt of this letter."
Send it first class, registered post, next day delivery signed for and make sure you keep an exact copy of it for your records.
On line banking operates 24/7 so there is no excuse to say they can't get to the bank/post office because of lockdown.

Registered is no more. Generally proof of posting is accepted as proof of delivery, but send it 'signed for' to be sure and get a receipt by posting at a Post Office counter as proof of posting.