are notice clauses in contracts unlawful

tillyme

Hello, my grandson was at nursery for 4 years and when he started my daughter signed a contract which included a clause that she would give 2 months notice in writing when he left. She forgot about this, and didnt receive any reminders over the 4 years, and when he left she told them verbally well over 2 months before and then gave 1 months notice in writing. The nursery lost the letter and are saying they never received it but say as a goodwill gesture they will believe her! and that she owes them £250 for the one month notice not in writing. Are these kind of clauses legal does anyone know or would they come under the banner of a penalty clause under the unfair contract terms act. It seems to me that they are punitive and cannot reflect the real loss, if any, of the nursery. I would be very interested to know if anyone has experience of these type of clauses.
thanks
tillyme

Biggles

These are fair, as nurseries need time to fill places if someone is leaving.

But, if she gave over two months' notice verbally - and the person she told agrees that she did - then she could very easily argue that they should have told her to put it in writing straightaway and that the nursery staff are at fault.