Contracts can come to an end for a variety of reasons. Whether it's a family moving on naturally or a placement that just isn't working for everyone, it's important to handle it in the right way. This article covers how notice periods work, when contracts can be ended immediately, what to do when there's a dispute, and how tiney can help.
In all circumstances, please inform tiney as soon as you know a placement is ending, so we can update our records and make sure the family are invoiced correctly.
The cooling-off period
When a new contract is signed, there is a 14-day cooling-off period. During this time, either party can end the agreement with immediate effect. Fees are only payable for care that has taken place, so any payment made for care which will no longer go ahead should be refunded.
The cooling-off period runs from the date the contract was signed by both parties, not the date care starts. If a contract is renewed or replaced with a new one, the 14-day cooling-off period starts again from the date the new contract is signed.
If you're unsure: If a parent queries whether a cooling-off period applies, check the date the contract was signed. If it was within the last 14 days, the cooling-off period is likely still active. Get in touch with the team if you need help working this out. |
Notice periods
Your childcare contract sets out a notice period that applies to both you and the parent. The standard notice period is 30 days, although some childminders may choose to set a longer period. Notice may be given by either party.
The key rules around notice periods are:
Notice should be given in writing (email or via the tiney app), even if there's been a verbal discussion beforehand. Make sure the date of notice and the last date of care are clearly stated.
Notice should not be given during either party's holiday: that includes school holiday periods for term-time contracts.
The notice period applies from the date notice is given.
All scheduled care during the notice period continues and is charged as normal, even if the parent chooses not to bring the child to your setting during that time (please see the section below on immediate termination for exceptions).
Any payment previously made for care scheduled after the end of the notice period should not be retained. All refunds should be processed via tiney, but we will not issue a refund without your consent.
The contract sets out the notice period, but as the childminder, you have the right to waive all or part of a notice period payment if you wish to.
Good to know: If a parent contacts tiney to say they're ending care, we'll pass the message on to you, but that alone doesn't count as formal notice. You and the parent need to confirm the end date directly. Keep everything in writing so there's no confusion later. |
When can a contract end immediately?
Immediate termination by families
Parents may choose to end the contract immediately rather than continuing care for the notice period. They will still need to pay for the care scheduled during that notice period.
The parent may also end the agreement immediately, and will not be required to make payment in lieu, if you are in material breach of the contract's terms and do not remedy that within 14 days.
Immediate termination by you
If a parent (or child) displays unacceptably rude, aggressive, or abusive behaviour, is in breach of the terms (e.g. not making payment for care), or persistently brings a sick child into your setting in breach of your sick child policy, your contract may allow you to terminate care immediately and request payment in lieu of the notice period. Check your contract terms carefully. If you're unsure whether a situation meets the threshold, speak to the team first.
Important: Even in difficult situations, ending a contract without following the proper process can create problems, especially around funding. If you're thinking about ending a contract outside the standard notice period, please get in touch with us before you do so. We can talk it through with you. |
Funded hours
There's a lot of variation between LAs in terms of the rules on funded placements which end mid-term. Please refer to your own LA's guidance and resources for information on how this might work for you, and get in touch with us (or with your LA team, if you submit your own funding claims) if you're not sure.
If a funded placement is ending between terms, and all funded hours claimed have been provided, there shouldn't be any extra steps needed in ending the contract.
Disputes
Most of the time, endings will be straightforward, but occasionally there may be a dispute: for example over the notice period or a requested refund.
In all cases, you should refer to the terms of the contract related to the disputed points. It's always best to try to resolve things directly with the family if possible, and to keep written records of anything discussed and agreed.
If a resolution isn't in sight after discussing things directly, or if you're not sure how to proceed, please get in touch with us.
What tiney can do:
Help clarify the terms of the contract
Talk through your options
Try to facilitate constructive discussion between you and the parent, where possible.
What tiney cannot do:
Issue rulings on disputes
Legally mediate between parties
Make decisions about contracts, notice periods, payments, or refunds on your behalf.
The contract is between you and the parent: tiney is not party to it.
If a dispute cannot be resolved and involves a significant unpaid invoice, you may want to seek advice from your insurer, Morton Michel. They can offer guidance on next steps, including what options you have if you need to pursue an unpaid debt. You'll find their contact details in the Account section of your app.
Protecting yourself from the start
The best way to avoid disputes is to make sure everything is clear before care begins. Here are a few things to bear in mind.
Keep your policies and contracts up to date.
Put all important agreements, including notice, into writing.
Talk to families about the notice period when they sign up with you, to make sure everyone's clear.
Need help?
If you're dealing with a difficult ending or a dispute with a parent, please don't try to handle it alone. Get in touch with the team via in-app messaging or email us at community@tiney.co and we'll help you work through it.