Private nursery threatening with court

PinkKiwi

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?

I'm now self employed and I get as many holidays a year as I like. But I don't charge my customers for it!

The reason you are different is because you are providing childcare that also costs a fortune. Its hard enough for working families to pay for the childcare, why should they then have to pay another childcare provider that has decided to open on bank holidays aswell as paying you for putting your feet up? Oh and then going to work for nothing. Is that not wrong and unfair to you??

Also, alot of companies are open on bank holidays so why should childcare be any different?? Some businesses are some aren't. If a cafe chooses to close on a bank holiday, customers aren't at a complete loss because they can't get a cup of tea. Its a totally different matter when your at a loss because you have no one to look after your child to go to work! That is what you are there for.

PinkKiwi

Brodiebobs wrote: »

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. At the end of the day its a business and you agreed to their terms when you signed, and took your son there.

My partner doesn't remember signing any contract, I definately didn't sign a contract and we don't have and have never had a copy of it. I'm kicking up a fuss because obviously I wasn't aware that we had to pay for bank holidays or my sons days off because these were only brought up in the statement she sent to me a few days ago.

As I have said before, I didn't want to bring the issues up because it was added stress and problems to what was already going on at the time with other things not just this and my job. But now that they have started to get funny I thought I may aswell bring the issues to light because things can't possibly add more stress than what they are already adding.

Brodiebobs

PinkKiwi wrote: »

My partner doesn't remember signing any contract, I definately didn't sign a contract and we don't have and have never had a copy of it. I'm kicking up a fuss because obviously I wasn't aware that we had to pay for bank holidays or my sons days off because these were only brought up in the statement she sent to me a few days ago.

As I have said before, I didn't want to bring the issues up because it was added stress and problems to what was already going on at the time with other things not just this and my job. But now that they have started to get funny I thought I may aswell bring the issues to light because things can't possibly add more stress than what they are already adding.

Well ask they for a copy, they should keep it on file. If they dont provide it then you have some lee-way to negotiate with them as they cant really enforce something you had no knowlege of.

And regard to the care of your child you didnt feel like mentioning it when in your words you though he was in danger? like i said before it'll just look like sour grapes now the money situation has happened. If i was concerned my child was in danger i would have been to see the manager at least, or not left him in their care at most!!

PinkKiwi

I brought my issues up with members of staff and we were looking for a different childcare provider as I keep saying all this happened in the latter weeks and he was taken out anyway.

Brodiebobs

You said earlier......

"As I have said before, I didn't want to bring the issues up because it was added stress and problems to what was already going on at the time with other things not just this and my job."

But now saying you mentioned it to staff?

Ask them for a copy of the contract, if they supply it you'll have to pay up, if not say your not happy with paying this notice as you were never made aware, see what they say even if you go 50:50 its a gesture, as you say your now self employed you should have some money coming in. All the other issues dont really have any relevance as he's no longer there.

PinkKiwi

Brodiebobs wrote: »

You said earlier......

"As I have said before, I didn't want to bring the issues up because it was added stress and problems to what was already going on at the time with other things not just this and my job."

But now saying you mentioned it to staff?

Ask them for a copy of the contract, if they supply it you'll have to pay up, if not say your not happy with paying this notice as you were never made aware, see what they say even if you go 50:50 its a gesture, as you say your now self employed you should have some money coming in. All the other issues dont really have any relevance as he's no longer there.

No if you read through you will see that I mentioned I had told staff, by bringing the issues to light I mean to Ofsted or complaining formally to the nursery.

Since going self employed I haven't made anything yet as its still early days.

I'm not saying any of the other issues have relevance I was asking what my rights would be. The main issue here is the bank holidays and the lack of contract which they are supposedly sending out to me.

ikati5

DaisyFlower wrote: »

The court wont be interested in any complaints you have about the nursery, they will ask to see the signed contract and, if provided, will agree with the claimant. Letting it get to court stage will simply add to the debt.

With regards to reporting them now to Ofsted, the nusery will advise Ofsted that there is a financial dispute and that complaints re service etc only came after this.

You get a four week run on from tax credits after a change in circumstances with childcare which is designed to cover the notice period. Agreeing a payment plan with the nursery will be cheaper in the long run.

You can make an anonymous complaint to Ofsted with regard to safety issues or concerns you may have, nurseries always try the 'disgruntled parent' argument, it never works!

bod1467

Don't just ask them for a copy of the contract - ask them for a copy that holds your/you partner's signature. (An unsigned copy of the contract is meaningless in this situation). If they cannot produce a signed copy then your leeway in fighting the one month notice charge vastly improves.

arcon5

PinkKiwi wrote: »

I'm now self employed and I get as many holidays a year as I like. But I don't charge my customers for it!

Then you doing something wrong already!

Self-employed people have to factor in the time they plan on taking of in their prices -- it's called making a living

Personally, I wouldn't class the bank holiday issue as an unfair term, it's just a different pricing strategy. And if you signed terms then I can't see you even having an argument. Or even seen a copy of the terms infact, as if you have seen them you will be deemed to have accepted them - but the nursery proving this is a whole different story so if you haven't signed anything you may get out of it on a technicality.

The fact you didn't have enough time to find a nursery with better terms doesn't mean you was 'forced' to sign the contract.

If you haven't signed terms, as already said you should negotiate a final figure to reflect their failings and agree on monthly payments.

Equaliser123

bod1467 wrote: »

Don't just ask them for a copy of the contract - ask them for a copy that holds your/you partner's signature. (An unsigned copy of the contract is meaningless in this situation). If they cannot produce a signed copy then your leeway in fighting the one month notice charge vastly improves.

Not necessarily meaningless if it can be demonstrated that the OP knew of the terms.