Nursery closure, no refund - is that fair?

Pint_of_Gem

Hello
Following on from the large thread about school closures I thought I would post this dilemma:
My 19 month old son attends a nursery three days a week. I work full time and my wife works two part-time jobs (one mornings, one afternoons) on the days our son goes to nursery. One of those jobs is casual, the other on a contract.
Recently a notice went up at our nursery stating that they may have to close in "extreme weather", which is fair enough. Unlike a school they can't just lump everyone in the gym with a couple of supervisors, so if the staff can't get in then they have a problem.
Last Wednesday the snow hit our area and nursery closed. We didn't get confirmation of this until 8am (we normally need to leave home at 7.30am). So, OK, fair enough, my wife drew the short straw and stayed at home to look after our son. This was on parental leave from the contract job, but no attendance = no pay from the casual job.
Nursery told us that they would not refund our payment for the day as, get this, their costs had stayed the same! I made the point that we had lost out on a day's pay and also had to pay out for nursery, so all in all costing us in the region of £100. I managed to argue the case and get them to give us a 'day in lieu' of the missed day 'on this occasion'. Now it is snowing again......nursery will probably close again tomorrow.
Do you think nursery's policy is right? If not, then how do you suggest I approach it this week?!
This week

Ivory_Tinkler

Did you sign a contract when you started taking your son there? If so, did it mention payment if the nursery had to close?

My OH has a casual job and his place of work had to shut for a day last week because of the weather - he too did not get paid so I know where you are coming from in terms of lost income.

Valli

You need to check, as has been suggested, what the contract you signed states...and while you're at it make sure you know where you stand in the event that your son is ill and unable to attend nursery as you may still be required to pay under those circumstances too.

Pint_of_Gem

Valli wrote: »

You need to check, as has been suggested, what the contract you signed states...and while you're at it make sure you know where you stand in the event that your son is ill and unable to attend nursery as you may still be required to pay under those circumstances too.

Yes, we have to pay if he is ill or we take him out due to holidays. I think this is probably fair enough, as they are reserving the place for us and can't fill it at short notice, etc.

This morning took the biscuit. They opened an hour later "to enable staff to get in safely". It was chaos outside with parents trying to drop off the kids and get to work on time. We all made it but they "couldn't".

Thankfully I have an understanding employer (my manager has two kids)....

hollydays

Interesting post.I think I would contact consumer direct for advice.It DOES seem unfair.

biscit

To be fair, driving and walking conditions have been much much worse today with the meltwater turning into ice. And it's not making conditions uniformly tretcherous either. I think you're losing support with that belligerence.

My ten minute walk to work was not much longer, but a colleagues ten minute walk to the nursury took an hour and he was in late.

I agree it seem morally unfair, but whether it's legally unfair, that's the question. As others have said- what does the contract say? Does it specify anything?

sarahg1969

biscit wrote: »

To be fair, driving and walking conditions have been much much worse today with the meltwater turning into ice. And it's not making conditions uniformly tretcherous either. I think you're losing support with that belligerence.

My ten minute walk to work was not much longer, but a colleagues ten minute walk to the nursury took an hour and he was in late.

I agree it seem morally unfair, but whether it's legally unfair, that's the question. As others have said- what does the contract say? Does it specify anything?

To be fair, the weather's been bad for at least a week in a lot of places. That's plenty of time to work out that you have to set off for work earlier, when you have customers' needs to attend to. Or for the nursery owner to have put arrangements in place to ensure the staff get to work on time.

OP, you need to look at the contract, and if it doesn't say that you are responsible for fees if they choose to close, then you're not responsible for them. I certainly wouldn't expect to be let down by someone, and then pay for the privilege.

daveyjp

If you aren't happy consider moving to another nursery.

Ours has a website which is updated three or four times a day and lets you know what is happening during this bad spell of weather - every day last week there was a message posted on the website between 6 and 6.30am.

It closed early one day last week and had to be closed the day after - the first time ever in 14 years.

On Monday they had no central heating - no problem the manager sourced some heaters and it stayed open.

This morning there was balck ice everywhere - nursery was open and it was well staffed at 7.30am - one member of staff having walked 2 miles on the sheet ice, but the school was delaying opening until 10.30am.

When staff are as dedicated as this to keep things going I have no problem paying when it can't open as it is such a rare occurence. I know there must be a real problem if they decide not to provide the service.

jdturk

also your wife may want to check her parental leave because as far as I am aware unless it is stated in her contract otherwise she won't get paid for this

ToK_2

What was the outcome? I am in a similar situation. My nursery closed during the snow. I am lucky enough to live within walking distance, so I could get there easily, though other parents could not.

The first week they were kind enough to ring just before I set off, but the second week was a shambles. I drove there (on my way to work) to find the place deserted and only one set of car tracks in the car park.) I drove home again and rang twice - no reply. I realised no one was in. As a result I was not able to work that day and have had to work another day to compensate. The nursery did open a few hours later, but by that time I had had to make alternative work arrangements.

There is nothing in my contract saying that I must pay if they fail to open. I have not asked for a refund but for two days in lieu on their least busy day of the week. They will not consider this or any kind of compromise. I thought I might have a claim under the Supply of Goods and Services Act, but this seems to relate more to tradesman work involving potentially faulty goods than to the non-delivery of services. Does any one have any other suggestions of relevant consumer protection I could refer to? If I were to refuse to pay a portion of my next bill would the nursery be able to take action against me?

johnsons_baby

My nursery contract states that in the event the nursery has to close for inclement weather, the child will receive a credit for half the day of closure, so basically we pay half fees for them closing.

Luckily, our nursery didn't close for the snow but I could understand your frustrations