To tell the nursery to go sing for it?

[Likeaheadlesschicken]

Evening all!

This weeks dilemma......... 

My DD is due to start nursery on Monday. We booked the place in February this year for three days per week. The deposit was paid immediately. We received no confirmation of her booking, however the cheque was cashed so I felt ok that it was sorted.

Fast forward to a month ago... Despite several friends being contacted about their DC's starting nursery and arranging stay and play sessions we didnt get contacted. So I called the nursery and initiated everything.

We have had two one hour stay and plays. As my working hours had not been confirmed I had not specified which three days were required. When I mentioned this last week I was told I had already been allocated days, but had not been informed of them. I was at this point given an enrolment form and handbook. 

Today I have discovered that I am unable to return to work as the position they have offered me is totally untenable and I have no
choice than to resign (whole other thread.....maybe tomorrows dilemma!)

I contacted the nursery to see what would happen, and I was told I would lose my deposit (£240) and would have to pay £1200 to them in lieu of notice.
I was not aware of this policy and having checked the documentation I was given when I first approached the nursery it was not mentioned. It has however been included in the new documentation I was given on Friday.

I don't actually want to withdraw DD from nursery as I think it would be good for her so proposed her having one day per week, to which I was told fine, but I would still lose my deposit and would have to pay £960.... One day in nursery is a stretch financially so there is no way in gods name I could afford three, or to pay the amounts they are suggesting. 

I asked to speak to the Manager but am still waiting for a call back.

So WWYD, do you believe I am liable for this money. The policy states the parents will be taken to court for non payment. 

My gut reaction is to tell them
to foxtrot ocsar, but previously to today I felt the nursery would be a fab place for my DD and I don't want CCJ's and the like hanging over me. 

[AKMD]

YANBU. I can understand you losing the deposit but I seriously doubt that you will have to pay anything else. If you had signed a contract with notice periods etc. then fair enough but you didn't and you have proof so they don't have a leg to stand on.

I would also be very cross with your workplace - why did they tell you about the position you were returning to so late?

[breatheslowly]

They are idiots not to get you to sign up for their T&C when they offered you the place.

[Likeaheadlesschicken]

AKMD Thanks! Work is a total nightmare (and what maybe a whole other thread if i'm feeling brave enough). I will be appealing their decision but it won't be dealt with by Monday so I needed to ensure I was organised childcare wise. I have been told my appeal won't change the response (off the record) but still feel
I need to express my disgust at the way it has been handled with regard to timescales etc.

[TiggyD]

I think everybody, including yourself, thinks you have to lose the deposit.

If you didn't sign anything that states you had to pay 3 months fees then you should not have to pay 3 months fees. I think it's wrong and more importantly, I'm sure any judge/magistrate would think it's wrong.

Nobody should use a nursery that has a 3 month notice period or the legal ability to change terms and conditions unilaterally. If you lose your job and have 2 kids in full time nursery how easy would it be to find £5000?

[Likeaheadlesschicken]

breathslowly I know, to be honest although the care at the nursery appears to be fantastic, their organisation etc seems to be severely lacking. However, I would rather them concentrate on looking after the children, it is only when something like this happens that they get exposed in other ways.

[ThierryHenryismyBoyfriend]

Your circumstances have changed so you've decided it won't work for you so you have changed what the arrangements were. It's your decision not the nursery. It was your responsibility to sort out earlier than a week before your child was due to attend the nursery 1) the days DD would be attending and 2) sorting out your flexible working request earlier.

It's a business and they do not have a surplus of staff to cover the maximum number of children which could attend, that would mena throwing money away.
YABU

[Likeaheadlesschicken]

TiggyD I thought the same thing. I also can't understand the need f

[ThierryHenryismyBoyfriend]

P.S I do feel 3 months notice is unreasonable though, it should be a maximum of 1.

[Likeaheadlesschicken]

Pressed send too soon again, my bloated pregnant fingers can't cope with the small iPhone buttons!

TiggyD I thought the same thing, also it kind of negates the point of an actual deposit if you could be liable to pay upwards of a thousand pounds, if your child doesn't attend/can't continue due to unemployment etc.

[Likeaheadlesschicken]

Actually thierryhenry if you had read what I put, I only found out yesterday my flexible working request had been declined. I applied for it ages ago, my employer had failed to inform me in the correct timescales.

[EricNorthmansMistressOfPotions]

They should have made sure you were aware when you signed up and have documentation proving that you agreed to it. 3 months notice is insane, if I enquired at a nursery and they told me it was 3 month notice to leave I would not enrol my child there. Both of DS's have been one month to cancel, which I would assume any nursery would be in the absense of clear information to the contrary. They don't have a leg to stand on. I think you may need to offer one month fees in lieu of notice and cut your losses.

[Shutupanddrive]

Contact CAB for free advice?

[ThierryHenryismyBoyfriend]

Sorry but it doesn't matter to the nursery whether it you or your workplace that have caused the problem, ultimately it's down to you.

If you decide to pass that cost onto your employers then that might be reasonable.

[eurochick]

My 2pnth. If whatever you signed and the documentation given to you BEFORE you signed do not mention the 3 month notice period, then you shouldn't have to pay it. But I haven't seen those docs so that is just based on what you are posting here. Have a close read through them.

[dreamingofnextholiday]

I dont think YABU at all. Their oversight in sending out the paperwork is what is causing the problem here.

If I was running a nursery (I do run a completely different business) I would get the paperwork signed in plenty of time so that I could then staff accordingly. Any changes/cancellations after that date would then be financed by the notice payments and allow me time to pay notice to staff no longer required.

So if you had signed it then of course you would be liable to pay both the deposit and the notice. I'm sure they must have had plenty of cases like this in the past so are just thinking that at this late stage that is the usual procedure.

However you have not made any legal contract to them so as far as I can see are not liable.

As you still want to send DD there make sure you tell them how much you love the place and don't want to jeopardise the relationship, especially bearing in mind you'd like DC2 to go there in the future too. I'd also be extra accommodating in terms of which day your DD goes, timings, payments etc.

[dreamingofnextholiday]

good point about the Ts & Cs.

[EricNorthmansMistressOfPotions]

DS is at a private nursery - at least I pay fees so I assume it's a private nursery, and it doesn't have terms, notice period is one month.

[Likeaheadlesschicken]

Update! I've just spoken to the Nursery Manager and I don't have to pay three months at all. If I decide to fully withdraw DD I will lose my deposit (which I am perfectly in agreement with, that is the reason for a deposit after all) or if I want to continue with one day per week then that is fine. If I start her and then cancel I would be liable for either 1 or 3 days fees (depending on how many days I start her on) for one month (as they have people on the waiting list for my place) I never even had to get in to the whole I didn't know/sign anything discussion. So the moral of this story is only ever speak to the organ grinder and not the monkey! If the Manager had contacted me when asked none of this stress would have happened! Thank you to everyone that has replied, even, grudgingly :) those I disagreed with! Same time tomorrow for my work dilemma then?

[CalmaLlamaDown]

Oh my god, you messed the nursery around with hardly any notice and now that the manager has come to a compromise you are moaning that they caused you stress by not being available to call you exactly when you want , no pleasing some people..

[Elemis]

good result headless chicken

[harrietthespook]

is this your first DC?

I too was shocked when I first heard how long notice periods could be. OUr first one was three months - so Calm if the OP really wasn't informed about the notice period at the start I can see why it would have come as a massive shock. It's a massive amount of money to find if you've just lost your job.

It sounds like they've admitted you didn't see them by reaching a compromise with you. I am really surprised to be honest - it's usually one of the first things they mention.

But anyway, alls well that ends well...onto your work messing you around? WTF?

[Likeaheadlesschicken]

calma I'm not moaning about the nursery at all to be fair. I was told about having to pay all this money by one of the Assistant Managers yesterday, she clearly mis-informed me as this was not mentioned by the Manager at all today. What I was saying was that if I had got the correct information at first I wouldn't have been stressed out at having to find £1.5k (by Monday in theory) and I wouldn't have posted on mumsnet and wasted people's time etc. I am very happy with the nursery and how the Manager handled it. The conversation was very positive.