Notice period for childminders when they are on maternity leave

I note that your normal childminder has been on maternity leave and you have been using an alternative childminder during this period, who you have decided to stay with.  You have given the requisite four weeks’ notice to terminate the contract and your normal childminder is now asking for payment in full for this four-week notice period, despite her not providing any services to you during this time.

Your childminder has provided an extract of the contract which she appears to rely upon for seeking payment from you; namely Contract termination – four weeks’ notice. Specific information relating to the termination of the contract – termination of the contract must be in writing and must be four full weeks and not include holiday periods.  You have given four weeks’ written notice and this notice does not include any holiday period.  We have not been sent the full agreement so are unable to comment with certainty on the rights of payment during a notice period.  Similarly, we are not able to advise on the status of the relationship, i.e. whether it is an employment relationship or otherwise.

However, by way of a general point, usually, payment is due for services provided during a notice period unless the contract is terminated without notice and a payment in lieu of notice is made. Given that you have provided notice to terminate the agreement, there is an argument to say that you do not need to pay your childminder anything over and above what is payable under the contract; if you are not currently paying for services then we would advise that you respond to the childminder to confirm that you have complied with the contract and given four weeks’ notice which does not include any holiday period.  You should also confirm that the reason for termination is that you no longer require her services.  Finally, you should also confirm that you strongly resist any request for payment over and above what would be payable during this notice period (and if you are not paying for services then this would be nothing).  Finally, we would advise that you strongly resist any inference that you have discriminated against her, on the grounds of maternity leave or otherwise; you simply no longer require her services.

Clearly if the contract has more specific wording regarding the relationship, what happens during maternity leave or notice period or if you have been paying for services then this advice may change as it has been given based on a small extract of the agreement.  Please let us know if we can assist further in this regard.

*Lucy Flynn has assisted in answering this question.

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