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Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Laws about leaving a nursery and still have to pay (and what exactly)?

33 replies

iikkww10 · 10/12/2022 07:59

Hi,
We’re in a tricky situation where we have to pay an extra term for the nursery my child is leaving. But what I have read but cannot find anymore, I guess it’s under the consumer law? Is that we shouldn’t be having paying for food or any stationary costs when my child isn’t there any longer? Bear in mind, it’s a very expensive nursery and they won’t be taking new children in, meaning they won’t replace my child’s place in any way. The manager is also threatening us by using legal help and other things, which makes me feel very uncomfortable as my child still has a week left.

thanks

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Lavender2021 · 10/12/2022 18:23

Our nursery is three months notice so I would expect to have to pay for the three months if we used it or not.

jannier · 10/12/2022 18:15

Are you charged a separate fee for food and consumables on top of the daily rate or are you assuming you should pay a reduced fee if you're not there?
Did you give a months (or whatever the time period is) notice before the date you wanted to finish?

underneaththeash · 10/12/2022 12:03

What is the exact wording regarding the notice period?
you can call the national consumer line fir free on Monday and they can advise you.
0808 223 1133

Iieeee10 · 10/12/2022 11:34

Ok thanks everyone for your inputs

OutDamnedSpot · 10/12/2022 09:59

If you pay ‘one solid amount’ each month, I’d expect to keep paying ‘one solid amount’ each month for the notice period.

Margo34 · 10/12/2022 09:50

iikkww10 · 10/12/2022 09:16

Thanks LlareggubTripAdviser. It doesn’t state anything in the T&C’s, nothing about any costs or what we expect to pay when given notice. In our case we have to pay an extra term because the notice was given too late according to them. That I understand but any other extra costs I don’t understand why we should pay that since my child isn’t there anymore. We pay one solid amount each month.

Then if you pay one solid amount each month, and you were late giving notice, you pay the same solid amount for the remaining period of notice. It doesn't sound like you get charged extra for food and sundries, it sounds like it's included in the solid amount you are charged.

LittleBearPad · 10/12/2022 09:24

iikkww10 · 10/12/2022 09:16

Thanks LlareggubTripAdviser. It doesn’t state anything in the T&C’s, nothing about any costs or what we expect to pay when given notice. In our case we have to pay an extra term because the notice was given too late according to them. That I understand but any other extra costs I don’t understand why we should pay that since my child isn’t there anymore. We pay one solid amount each month.

So therefore you continue to pay that amount. You can get grumpy about the additional profit the nursery is making because they are buying less food but you can’t not pay what you’ve contractually agreed to pay.

iikkww10 · 10/12/2022 09:16

Thanks LlareggubTripAdviser. It doesn’t state anything in the T&C’s, nothing about any costs or what we expect to pay when given notice. In our case we have to pay an extra term because the notice was given too late according to them. That I understand but any other extra costs I don’t understand why we should pay that since my child isn’t there anymore. We pay one solid amount each month.

OP posts:
LittleBearPad · 10/12/2022 09:13

Do you pay separately for food and stationery ( the latter seems unlikely tbh). If not the. You pay what you always pay.

LittleBearPad · 10/12/2022 09:11

HermioneWeasley · 10/12/2022 09:06

If there’s nothing in your contract about notice then you don’t need to pay

There clearly is a notice period as OP refers to it.

LlareggubTripAdviser · 10/12/2022 09:10

What are the specific words in the contract regarding notice. ? Are you saying there are none or that it doesn't specify exact costs. ? For example ; In the event the child leaves the nursery one clear months notice must be given and the usual fees paid in full OR same line but ...and associated costs... is that what you are asking ?

If so, and no mention of ancillary costs then no, it's far from 'implied'. Food if fresh is not purchased over a term in advance. If frozen then remains that way. No loss to the nursery. Stationary etc are not single use time restricted products. So again, no pecuniary loss to the nursery. They can't just add stuff on under these headings because they fancy more money. Tell them to jog on. Pay what's contractually agreed and no more or less.

HermioneWeasley · 10/12/2022 09:06

If there’s nothing in your contract about notice then you don’t need to pay

Onnabugeisha · 10/12/2022 09:05

A notice period clause doesn’t specify what is included, only what, if anything, is excluded. So if it is silent, as you say, then that means you’d pay the usual amount during the notice period as you would pay during regular term time. Yes this would mean you pay all costs you’d normally pay.

MolkosTeenageAngst · 10/12/2022 09:04

If the contract doesn’t say you have to pay I wouldn’t pay anything.

ZenNudist · 10/12/2022 09:01

What does it say about your usual costs? That will give you an indication of what you psy in the notice period. So does the contract state nursery fees plus food costs or does it state nursery fees?

As a pp says they are unlikely to pursue you for food costs.

The law you are under here is contract law. You are bound to do whatever you signed up to and someone needs to interpret your contract for you if you can't do that yourself. There may also be case law or precedent depending on how the contract is drafted. A bunch of strangers on the Internet cant help.

Why don't you confidently pursue your position that you understand the notice period to include fees only but no contractual obligation to pay for consumable items. Given that they will not be incurring these costs you can argue this in small claims if it comes to it.

Margo34 · 10/12/2022 08:58

Sounds like perhaps you didn't give notice in ample time before you wanted your child to leave, so you're having to pay the notice period after the date you've left?

Or have I misunderstood?

If you know you're going to leave, you give notice. Your child attends during the notice period so of course you pay all the costs associated during the notice period. If you didn't give enough time and child leaves before the notice period ends, then yes I'd still expect you'd have to pay the associated costs of attending because it was your error not giving the full notice.

Valhalla17 · 10/12/2022 08:53

It should be just the term fees, but food and other costs are usually just wrapped up in the daily fee anyway aren't they? You just have to pay the full amount so they have time to find another child to take the place, they don't want to be losing out. Hard to accept but that's the way it goes I'm afraid. You should have given more notice...

Overthebow · 10/12/2022 08:49

How do you usually pay? Is it one fee for care and another for food etc or is it one fee that covers everything without it being broken down? We pay one fee that covers everything at my nursery so would pay the whole cost during a notice period.

iikkww10 · 10/12/2022 08:49

Nothing is stated in the contract what we have to pay etc, it’s implicit they say. We understand we may have to pay the term but not for food etc when she’s not there anymore?

OP posts:
iikkww10 · 10/12/2022 08:48

Yea that we know but do we have to also pay for food etc for her?

OP posts:
pimlicoanna · 10/12/2022 08:45

It's purely a contract issue. If the charge is not referred to in the contract then they cannot apply it.

Valhalla17 · 10/12/2022 08:43

If the notice period is in the contract and its a term, then you have to pay for the term unfortunately.

iikkww10 · 10/12/2022 08:41

It doesn’t say anything what’s expected of us during the notice period, that’s the issue with the contract..

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MintJulia · 10/12/2022 08:40

I think in this circumstance you pay the basic fees covering the notice period but not the charge for food or consumables, because as you say, your child isn't there.

I cannot imagine a nursery will take you to small claims court over £6 a day, even if they did have a claim (and I don't think they do if it isn't in the contract).

ZenNudist · 10/12/2022 08:34

Is there a terms and conditions that goes with the contract? You need to ask them to specifically show the terms and outline what you have to pay.

Surely it gives a notice period and says you have to pay as usual?