Private nursery threatening with court

not_tonight_josephine_2

Nursery workers are entitled to holiday pay when their place of work is closed on a bank holiday, just like everyone else. Whether this cost is passed onto the customer as an explicit charge for BHs or simply built into the amount you are charged on all the other days of the year (which it certainly would be if they didn't "charge" for BHs) doesn't really make any difference in the grand scheme of things.

hayleypayton

im entitled to my paid bank holidays as much as everyone else, and i guess you dont think i should have paid holidays either? as im not providing a service?
you would know what you were entering into before you signed cotracts, & you will not find any childminder that thinks different?
can i ask what paid holidays you get? i get 2 weeks paid all year if im lucky so i think im entitled the odd paid day off dont you?

your missing the point with the cafe ......... everybody who gets paid for bank holidays without working are not providing a service but no one bats an eyelid so why am i different?

pug_in_a_bed

we've had a family party today with folks from birmingham, london, cheshire and merseyside with 14 young kids between them. Every single one said their nursery charges for bank holidays/days kids don't attend etc.

You have to factor in training for staff and holding places for kids and such.

Sambucus_Nigra

hayleypayton wrote: »

im entitled to my paid bank holidays as much as everyone else, and i guess you dont think i should have paid holidays either? as im not providing a service?
you would know what you were entering into before you signed cotracts, & you will not find any childminder that thinks different?
can i ask what paid holidays you get? i get 2 weeks paid all year if im lucky so i think im entitled the odd paid day off dont you?

your missing the point with the cafe ......... everybody who gets paid for bank holidays without working are not providing a service but no one bats an eyelid so why am i different?

Actually, self employed people don't get paid for any holidays. Unless they build it into their own system and pay themselves for the time they have as holidays.

hayleypayton

yes it is stated on my contracts which i get from the national childminding association i may have upto 6 weeks paid holiday. some practices are different with their own policies in place. I never take 6 however as i became a childminder to help parents who found it hard & the last thing i want is to cause problems!!

Sambucus_Nigra

hayleypayton wrote: »

yes it is stated on my contracts which i get from the national childminding association i may have upto 6 weeks paid holiday. some practices are different with their own policies in place. I never take 6 however as i became a childminder to help parents who found it hard & the last thing i want is to cause problems!!

No. You said you were entitled to paid bank holidays as much as everyone else. But everyone else is not 'entitled to' paid bank holidays.

That is the point that is being made.

Fergie76

hayleypayton wrote: »

im entitled to my paid bank holidays as much as everyone else, and i guess you dont think i should have paid holidays either? as im not providing a service?
you would know what you were entering into before you signed cotracts, & you will not find any childminder that thinks different?
can i ask what paid holidays you get? i get 2 weeks paid all year if im lucky so i think im entitled the odd paid day off dont you?

your missing the point with the cafe ......... everybody who gets paid for bank holidays without working are not providing a service but no one bats an eyelid so why am i different?

Me, this year I am entitled to 51 work days (not including weekends) paid holiday, but then I am not self employed.

PinkKiwi

go_cat wrote: »

If you walked out could you have not coincided this with a months notice at nursery - it was obviously an on going issue at work not just a one off incident that caussed you to quit.

It is standard pratice for the majority of nurseries to charge for bank holidays even when closed

Did you have to pay a deposit when you joined the nursery ? ( we had to pay a months fees in addition to first month ) could this be ofset against what you owe?

If you were that concerned about the care of your child then you should have made alternative childcare arrangements as soon as these became apparent sorry!

As I said before the problems with the nursery happened in the latter weeks when at the same time my job was becoming a concern. At that moment in time my two main worries were for the care of my son - by starting to look for a different childcare provider and money worries with the thought of walking out of my job or dealing with the problems in work. My concern wasn't the nurseries month's notice which I hadn't been made aware of. Also, I didn't know I was going to walk out of work until I actually did. I was advised by another person to discuss the worries with the directors first but then on the last day when things had gone out of control I was advised by my college tutors to walk away as it was becoming a dangerous situation.


I am also not refusing to pay anything to anyone that has mentioned this, I can't pay up until I have my tax credits back as my partners wage is not enough to live on on its own.

PinkKiwi

hayleypayton wrote: »

im a childminder and use the same contracts as a nursery. I still charge for bank holidays even though i dont work, in most cases you are getting 70% off tax credits anyway. When i worked in an office i got paid for not working bank holidays as im sure alot of you do now so i really dont see the difference!!
You will of signed a contract with your permission forms before your child started at the nursery? If not then that is an issue.
The nursery will have a complaints procedure just ask to see it and it will point you in the right direction.
How old is your child? I personally dont think the milk crate will be an issue with ofsted, i would let children climb on 1 - age depending - climbing is part of the learning circle & im sure your child loved it, as for falling off accidents do happen, but they should of logged it? Did you sign an accident form? if not then again this is the issue you need to bring to ofsted not the crate. I hope i have helped i havnt meant to upset anyone

I'm sorry but stacked milk crates are a little dangerous don't you think? Even I wouldn't stand on them! And I certainly wouldn't let 1-2 year olds stand on them. Whatever happened to toy safety regulations? Or do milk crates, bread crates whatever have the toy safety logos on? I somehow don't think so.

As for the 70% paid for by tax credits, even if I was getting 70% I would still be paying some amount towards your day off!

Brodiebobs

i think theres two issues, the money owed and the problems with the nursery.

TBH if you (or partner) signed the T&C's (which you will have if the nursery was adhering to practice regulations!) then you have to give a months notice, as this what you agreed to do when you signed. Like someone said if you get tax credits it has a 4 week run on, or if not come to some agreement with the nursery, eg paying weekly, as i doubt its in their best interest to take you to court.

The problems you stated about staff, playtimes etc, did you mention these to the nursery at all at the time? Because it will look very suspicious if you start kicking up a fuss now they say you owe money, especially if you get ofsted involved.

Bank holidays, if the nursery closes, this would also have been in the T&C's, which you signed, and again if it was a proplem did you mention this, or just moan now they say you owe money? Like another poster said there staff too are entitled to holidays, and you will still get paid for this, and if you gets tax credits they will still pay!!

I am sympathetic to your situation but unfortunately you cant sign a contract, they dispute it when it doesnt suit, i'm sure if the nursery said sorry we are full you cant bring leave your son this week, sort summat else out, you'd be up in arms and spouting how they'd not acted in accordance with their conditions. At the end of the day its a business and you agreed to their terms when you signed, and took your son there.