Should I pay??

cmaj31

Hi All,

My son goes to an after nursery group one day a week which we pay for at the end of each term. However during the bad wether recently, they closed the group on two occasions. My problem is that the after nursery group are insisting that we still have to pay for these two sessions even though it was their decision to close the group. They say that an agreement which we signed at the start of term, includes the clause that should the group be cancelled for any reason, we would still have to pay for the sessions.
Is this even legally binding? Do I have any grounds to refuse payment?

Please help

Tixy

If its in the agreement I'd imagine you will have to pay. Have you got a copy of the signed agreement to check?

libbyjade

Normally if something is in the contract then it is binding.
However, in employment law, if the company closed due to the weather and the employee was available for work, then unless there was a clause in their contract to allow the employer to lay the employee off, then the employee should be paid!

You could try to use this argument, but still, they may refer back to the contract unfortunately

cmaj31 wrote: »

Hi All,

My son goes to an after nursery group one day a week which we pay for at the end of each term. However during the bad wether recently, they closed the group on two occasions. My problem is that the after nursery group are insisting that we still have to pay for these two sessions even though it was their decision to close the group. They say that an agreement which we signed at the start of term, includes the clause that should the group be cancelled for any reason, we would still have to pay for the sessions.
Is this even legally binding? Do I have any grounds to refuse payment?

Please help

DGJsaver

Something similar at our little one`s day nursery...they closed for one day , and in the t&c`s it says if the nursery is closed then no fee`s will be charged , yet the manager sent all the parents a letter detailing how they were offering a `free` session in lieu of the day that was scrapped , cheeky sods , i was all for altering that months SO and wait for them to pick up on it but the missus didnt want the fuss...grrrrrrrrrr