Day nursery - change of conditions

UTB123

Hi,
Hopefully somebody may be able to offer advice.
My 2yr old boy has been in the same day nursery (2 days a week & located 5 mins from our house) for the last year. I work two days as a teacher and my husband works away quite a bit.

Anyhow all was good till the nursery had a major boiler catastrophe which flooded and damaged the building. They then said that all children were to attend their other branch which is 9 miles further away, but due to its location can take anywhere between 20mins to an hour to get to depending on traffic.

We were not consulted on this or even offered an apology, they just said, this is the plan, this is what you need to do.

It now puts anywhere between an hour and a half to two hours on our day and it is the opposite direction to my place of work. My husband can't be relied upon because as I said he works away, so it is a real pain in the neck.

The original nursery could take months before it is back to where it once was and they are now talking of erecting portacabin classrooms to bring 'some' of the kids back onto that site, and no guarantee of which kids.

The only updates we get are through Facebook which I had to register with in order to get them (I hate Facebook).

So we thought enough is enough and decided to find him another nursery, which we luckily did, about the same distance away from us as his original one.

Where do we stand with notice periods? The nursery is asking for a month but My husband thinks we should just remove him now and place him straight into the new one because they haven't stuck to the agreement that we signed up for (local nursery, easy to get to), offered nothing in the way of compensation or a reduction in price for the inconvenience/ extra fuel costs, or even apologised! I also don't like the thought of my son being stuck in a portacabin all summer. The nursery staff are lovely and my son gets well looked after but this travelling along with work each day is just too much, not to mention, if there is an accident on the roads I may not even be able to get there to pick him up.


Thanks in advance for your advice


Excuse my spelling/ grammar as I typed it on my phone.

pigpen

You no doubt signed to a 30 day notice period on sign up so that is what yu have to give them.. but there is no reason you couldn't move him now other than cost I guess because you'd have a month of paying both nurseries. but isn't one week half term so you could maybe not pay that.. or just have a 2 week overlap (after half term) .. I'd do that if it was financially viable..

book the new nursery from after half term.. so just a 2 week overlap and give notice on the old nursery with a letter of the reasons why you are moving him now.

Mimi_Arc_en_ciel

UTB123 wrote: »

Hi,
Hopefully somebody may be able to offer advice.
My 2yr old boy has been in the same day nursery (2 days a week & located 5 mins from our house) for the last year. I work two days as a teacher and my husband works away quite a bit.

Anyhow all was good till the nursery had a major boiler catastrophe which flooded and damaged the building. They then said that all children were to attend their other branch which is 9 miles further away, but due to its location can take anywhere between 20mins to an hour to get to depending on traffic.

We were not consulted on this or even offered an apology, they just said, this is the plan, this is what you need to do.

It now puts anywhere between an hour and a half to two hours on our day and it is the opposite direction to my place of work. My husband can't be relied upon because as I said he works away, so it is a real pain in the neck.

The original nursery could take months before it is back to where it once was and they are now talking of erecting portacabin classrooms to bring 'some' of the kids back onto that site, and no guarantee of which kids.

The only updates we get are through Facebook which I had to register with in order to get them (I hate Facebook).

So we thought enough is enough and decided to find him another nursery, which we luckily did, about the same distance away from us as his original one.

Where do we stand with notice periods? The nursery is asking for a month but My husband thinks we should just remove him now and place him straight into the new one because they haven't stuck to the agreement that we signed up for (local nursery, easy to get to), offered nothing in the way of compensation or a reduction in price for the inconvenience/ extra fuel costs, or even apologised! I also don't like the thought of my son being stuck in a portacabin all summer. The nursery staff are lovely and my son gets well looked after but this travelling along with work each day is just too much, not to mention, if there is an accident on the roads I may not even be able to get there to pick him up.


Thanks in advance for your advice


Excuse my spelling/ grammar as I typed it on my phone.

Have you asked the nursery about the notice period or are you going by your contract?

I doubt there will be anything in the contract about using "other" sites so not sure where you would stand legally on that.

Did you pay a deposit? Mine was 1 month fee. If I was in your situation I would tell them to keep the deposit and move him. Or pay for the month and get the deposit back

Mimi_Arc_en_ciel

pigpen wrote: »

You no doubt signed to a 30 day notice period on sign up so that is what yu have to give them.. but there is no reason you couldn't move him now other than cost I guess because you'd have a month of paying both nurseries. but isn't one week half term so you could maybe not pay that.. or just have a 2 week overlap (after half term) .. I'd do that if it was financially viable..

book the new nursery from after half term.. so just a 2 week overlap and give notice on the old nursery with a letter of the reasons why you are moving him now.

I'd assume the half term will be chargeable as the child is "2 days" and not "term time"

UTB123

Hi,

I can't even remember signing a contract tbh but I suppose I must have. I definitely don't remember paying a deposit.

I will ask to see the contract (if one exists) when I pick him up this evening. I just don't see why I should have to pay for another month if they have changed the terms of care. If I had originally wanted to take him to a nursery 9 miles away I would have signed him up for one.

I am in two minds to tell them to stuff it if they insist I stick to the notice period. they didn't give me a choice, why should I them?

DomRavioli

UTB123 wrote: »

Hi,

I can't even remember signing a contract tbh but I suppose I must have. I definitely don't remember paying a deposit.

I will ask to see the contract (if one exists) when I pick him up this evening. I just don't see why I should have to pay for another month if they have changed the terms of care. If I had originally wanted to take him to a nursery 9 miles away I would have signed him up for one.

I am in two minds to tell them to stuff it if they insist I stick to the notice period. they didn't give me a choice, why should I them?

If you break the contract and refuse to pay, you can and will be taken to court for non-payment. This will add fees and you will be forced to pay - they can get an attachment of earnings from your wages. And also if placed your child in their care, the contract is implied (regardless of signing), and usually would be seen by a court as implying contract terms as a result of your continued usage of the service and payment of such.

Don't be silly - just pay your contract up, move your child, and move on with life. You are legally obliged to pay, as you continued to take your child and pay on time for a service.

I would be very careful with what you say and do, especially on here and with your work being what it is - a dragged out court case (through your non-payment of a contract) and possible conviction in a civil court for such could impact on much more than you think - some employers are extremely sensitive to their staff being dragged through the mud.

Guest101

The contract is 'frustrated' in my opinion and is therefore void and null = no notice period.

Guest101

DomRavioli wrote: »

If you break the contract - Contract is already frustrated. and refuse to pay, you can and will be taken to court for non-payment. - Possibly, not definitely. even before court there is pre-action protocol, including mediation. This will add fees and you will be forced to pay - they can get an attachment of earnings from your wages. And also if placed your child in their care, the contract is implied (regardless of signing), and usually would be seen by a court as implying contract terms as a result of your continued usage of the service and payment of such. There is an implied contract, but the terms are obviously questionable!

Don't be silly - just pay your contract up, move your child, and move on with life. You are legally obliged to pay, as you continued to take your child and pay on time for a service. - Through a necessity to mitigate the loss?

I would be very careful with what you say and do, especially on here and with your work being what it is - a dragged out court case (through your non-payment of a contract) and possible conviction in a civil court for such could impact on much more than you think - some employers are extremely sensitive to their staff being dragged through the mud.

Conviction, in a civil court?! - you have no idea what you're talking about....

fierystormcloud

Surely if it's not your fault, you should be allowed to find another (closer) nursery, and cancel the contract???

Have you spoken to them.

fierystormcloud

DomRavioli wrote: »

If you break the contract and refuse to pay, you can and will be taken to court for non-payment. This will add fees and you will be forced to pay - they can get an attachment of earnings from your wages. And also if placed your child in their care, the contract is implied (regardless of signing), and usually would be seen by a court as implying contract terms as a result of your continued usage of the service and payment of such.

Don't be silly - just pay your contract up, move your child, and move on with life. You are legally obliged to pay, as you continued to take your child and pay on time for a service.

I would be very careful with what you say and do, especially on here and with your work being what it is - a dragged out court case (through your non-payment of a contract) and possible conviction in a civil court for such could impact on much more than you think - some employers are extremely sensitive to their staff being dragged through the mud.

I agree with Guest101. !!!!!!? :huh:

pigpen

Mimi_Arc_en_ciel wrote: »

I'd assume the half term will be chargeable as the child is "2 days" and not "term time"

It wlll.. therefore part of the notice period but saves paying those days twice to start new nursery after half term .. half term is week after next here to incorporate the bank holiday.. if one of the days is a bank hol it might not be payable.. depends on the contract.