AIBU nursery want to be paid when my child wasn't there

[angie1984]

So i have a DD who is two and started nursery in October last year, when my husband started working, they were very good allowing us to switch days as we needed as they weren't full at the time, I was about 5/6 months pregnant at the time and stated at the initial meeting it was only going to be until I went on maternity leave, in January.
So January rolls around and its the last couple of weeks before I go on maternity leave on 24 th so we tell them and our daughter that she won't be coming much longer, when it gets to the last week we state that it is the last week and then when we get to the last day, we state we won't need them anymore, until I finish maternity. During this period but i'm unsure when, they ask if we would like to keep our DD on their books for when i return to work, which I say yes but that she will not be in for the next 6 months while i'm off.
Got an email early Feburary about an invoice for the whole of the month of Feburary which having just given birth i assumed was an error on their part. Today i've had another email stating I need to pay ASAP, called the nursery who say i didn't give four weeks notice, which i probably didn't officially. They are charging me for the four weeks.
AIBU to think this is very CF while I admit I do not think i gave them four weeks notice, we spoke with them about it at many pick ups. And when I received my invoice at the end of January I double checked that this included all the days she was doing in January, when I spoke to them on the phone I point out that we had spoke to them about it at least 2 weeks prior to her leaving, they stated they would get back to us. Should I pay for two weeks or nothing at all. No one once mentioned this four week notice period and when i booked her in for her last few weeks and then stated she would not be coming after the 24 th or in the weeks that followed.

Btw the reason I would not assume you had to pay is that around here there are more spaces than children who use them in several of the local nurseries, keeping a place open would actually also benefit them as they would be almost guaranteed a place filled down the line.

It sounds like you told them at the last possible moment. Of course you are liable for a months notice! They are not likely to keep a place open for when you need one again if you don't pay.

I can see why youve got into this mess. All of us experienced in the ways of nurseries and childminders know to check the contract and give proper notice. I wouldn't reky on something I said being passed on and administered. Hence writing it down.

That said You could try it on

1. you informed them from the outset it was a time limited place
2. you gave verbal notice anyway several weeks in advance and no one indicated this was going to need written notice
3. and this is the kicker - it makes commercial sense to them to honour your original request for a nursery space until January only rather than bleed one more month out of you as then they will get 2 children for the long term after your mat leave rather than you taking your business elsewhere.

You said they weren't full so this might swing it for them.

A verbal contract in law is still a contract

But a clause in a written contract requiring x days written notice is binding.

As virtually everyone has already said, YABU as you failed to give correct notice, which I am sure would have been clearly explained in the contract that you signed/in nursery policies.

I would have interpreted “keep her on the books” as paying to keep the place available for when you need it again? Why would they keep a free space otherwise instead of offering it to a paying customer?
They’re a business!

Yeah I think they charged you because you asked them to keep the space. Before you give four weeks notice, check whether that means you'll lose your space. In most places it would, for obvious reasons.

YABU and disorganised.
When you enrolled your DD at nursery you would have signed a contract specifying the notice required to stop sending her.
A nursery is a business, they have to employ enough staff to look after all the children, and they have to pay those staff.
You knew you were pregnant and due to start maternity leave, it's not as if this was an unexpected change in circumstances (sudden job loss for example). You would have had to give notice to your employer about when you wanted to start maternity leave.
So you could easily have given nursery 4 weeks notice in writing (by email or letter) as per the contract you signed.

They were being slightly unreasonable not reminding you about this when you spoke to them but perhaps you were speaking to the room staff and not the manager?

My nursery charged a retainer fee (not the full amount) - tbh I don’t think it was set in stone, it depended for example on whether it was full temporary withdrawal or dropping say to mornings only or one day a week but wanting old hours back at the end of Mat leave. Full withdrawal on a temporary basis, the parent would be charged half the fee. Decrease of hours, they would pay a lump deposit to keep the remaining hours open for when they come back.

How is telling the workers giving notice theyre not the manager!

and i also doubt youre getting a place held for free

You’re mad to take her out for 9 months. Please consider keeping her there let time, even a couple of afternoons so she has continuity and doesn’t struggle to settle back in. 2 is a very difficult age from an attachment point of view.

Your contract states 4 weeks notice in writing so that’s what you should have done. However, we would remind a parent they needed to do that when they told us verbally that a child was leaving.

‘Notice’ is given in writing. Either by letter or email.

No idea with your situation, but I didn't give written notice when mine went up to primary school, the nursery were clever enough to realise…..

They can’t give the place to someone else until they have written notice that you don’t want it any more. And if you want to hold the place you have to pay for it as, again, they can’t give it to another child.

So yes, YABU. They have a business to run and staff to pay. They can’t make decisions based on “what you said at pick up””.

Why did you wait until the last week to give them her finish date? I would think you'd owe three weeks for that. Or even four weeks if you only made it very on her last day. Saying she won't be here much longer is very vague and wouldn't be considered notice.
You also need to clarify if they require payment for keeping her place.

YABU if you signed a contract and it said give notice.

Can you imagine if they gave the place away and you had decided to keep her in for the first few weeks of new baby all because you spoke about it once.

You should be organised. Nursery are a business and need to know when they have places coming up to fill. This has to be done in writing

Op not coming back then?

Sorry but you should have put it in writing !

and stated at the initial meeting it was only going to be until I went on maternity leave, in January
Sounds like you did give them plenty of notice then!

I would decrease time at nursery but keep her going - not only for her sake but also it will help you when next baby is born

You need to read contract and see the terms. If it should say how you are to inform them that you are removing your child. Most state 4 weeks in writing. Also being kept in the books I'd expect to pay 50% retainer over the 6 months to hold the place

Your contract states 4 weeks notice in writing

Oh have you read it? The first point, oh keyboard lawyers, is to check whether there in fact is a contract and whether they have properly drawn the key terms to the OP's attention before she signed up.

It's unfortunate but it seems that you haven't followed the terms in your contract. If the nursery is anything like 95% of nurseries you would have had to give four weeks written notice. Stating you'll want her there til maternity leave starts sometime in jan isn't formal written notice. Telling the nursery staff she'll be leaving in a couple of weeks ALSO isn't formal written (four week) notice.

Best bet is to get in touch with admin/management and plead your case. You might be lucky.

This is exactly why it needs to be in writing.
To cut out all this miscommunication and confusion about who gave notice and when.
I dont think you have any leg to stand on. Guaranteed it is your contract.

As others have said there are 2 separate issues: not giving formal 4 weeks notice in writing, and agreeing to "keep her on their book" so she can return later in the year. Everyone I know kept their older child in nursery for a few days while on maternity leave in order to have some time alone with the new baby, as well as to keep the older child settled in nursery rather than disrupting them and then having to resettle them again once maternity leave was over, and also to keep their nursery spot for when they returned after maternity leave. If they didn't pay to keep the spot, there was no guarantee a place would be available when they went back to work.

At the nursery my dc attended, "keeping her on the books" would have meant paying to keep her spot. It definitely didn't mean not paying for months and then having a guaranteed spot at the end of maternity leave.

And unfortunately the notice has yo be in writing, 4 weeks in advance. You could negotiate a lesser amount perhaps, but from the nursery's perspective the "keeping her on the books" may have confused them into thinking you were paying to keep her place while she's off.