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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11265
Experience:  30 years as a practising solicitor.
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I need some help with my childminding contract. My

Customer Question

Hello, I need some help with my childminding contract. My childminder had a hand-written contract with no terms and conditions so we are struggling to understand if any fees are due. The contract states: Contract period: 18th may 2015 - 31st August 2015 - 16 weeks. As we spoke with her, this means it is a fixed term contract. Then on the nexp page it states: Contract is subject to review at the end of August. 4 weeks notice is due in case on termination of the contract.
On 28th of august we had a review where we decided to extend our contract for one more week, till 4th of September. She now wrote me a letter saying that I had to pay 4 weeks termination notice and now I have to pay her for one more month. I do not agree with this as the contrast was not terminated, it was a fixed term contract and was extended for one week so why would I have to pay one months fee?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

I take it the childminder is self employed? That being the case, there is no issue of notice as would normally be required in an employer/employee situation. You agreed a fixed term, then you agreed a one week extension only, therefore there is no question of her being entitled to four weeks' notice. Happy to discuss further if this is not the case. I hope this helps.

Customer: replied 1 year ago.
she is self-employed. She keeps saying that the contract states "subject to review" not "end". One of her hand-written sheets states that the contract period is 16 weeks and the other sheet states that the contract is subject to review at the end of August. I understand, that "review" in this case means deciding whether to extend the contract and giving my reviews about her as a child care provider. In our case we decided to extend it for one week and only one week as she was not able to handle her responsibilities (pick up children from school). The contract does not state when exactly it is due for review or whether it should be mutual or in writing or any other terms and conditions. How can I explain this to her? I have to give her response in writing.
Many Thanks
Expert:  JGM replied 1 year ago.

If the contract is for review but in actual fact has expired, then I agree with your interpretation. You would have to agree to renew it before it could be reviewed. The renewal was for an agreed period of a week. The were no other changes agreed.