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Original poster

Nursery changed terms - expecting full fees

77 replies

anotherdayanothername20 · 18/03/2020 20:12

Hi, our nursery changed their Terms at the start of March to say that if they had a closure due to Statutory Reasons (Government directed) we would still pay full fees....
What are people's opinions? And is this legal? We obviously don't want them to go out of business but also we can't afford to pay full fees and work full time either and look after children full time. None of it is adding up.

OP posts:
NikeDeLaSwoosh · 18/03/2020 21:41

@KaptenKrusty You should have insurance that covers this eventuality.

KaptenKrusty · 18/03/2020 21:43

Our insurance says it doesn’t cover pandemics so currently not looking great unfortunately- but am holding out hope tbh - if we are covered we obviously wouldn’t charge the parents

@NikeDeLaSwoosh

GemmeFatale · 18/03/2020 21:43

How about we all offer our places to nhs/emergency service/retail/transport/other key workers for the duration?

Nurseries keep afloat. We support both essential services and the economy. Essential service providers don’t have to panic buy care at inflated prices and their children are safe. Everyone reserves their slot at the end of this. No one is paying for care they can’t use.

nancyjuice7 · 18/03/2020 21:44

I would only pay if I had confirmation they were paying their staff in full. Then you are paying to keep the staff available for work, and keep the opportunity of a place when this ends.

If they are paying SSP, then no I would not be paying in full for them to profit.
Shocking behaviour if nurseries do this. Making their staff live in poverty for months while still taking full fees off parents facing the same issue??

feeona123 · 18/03/2020 21:44

There’s a gov statement- nurseries will get a 1 year zero rates. They will also get some sort of government funding.

My son goes to a private nursery and I really don’t want to have to pay if he is not there. Fortunately I do not work so he doesn’t have to go there and is starting school in September. I will wait for what they are going to say before reviewing his place!

feeona123 · 18/03/2020 21:45

They have also stated that this is not covered by insurance.

Forallyouknow · 18/03/2020 21:46

Actually onlyfoolsnmothers it’s not “ vile”, the full sentence was, “ I feel for them truly but if no one knows what’s happening with their income why should they get 2/3 months holiday whilst people struggle with less income and childcare? Potentially the staff not even being the ones to benefit?” Some (most from what workers have said on MN) of these places are not paying their staff and have no plan to, the owners will be pocketing payments and most likely getting government assistance too. I fully appreciate the staff will be suffering along with the rest of us. But if I do not work, I don’t get paid. It’s that simple for near most people. I fully intend to pay for the end of the month but seeking to continue to pay a nursery for a “place” where the service linked to that place is simply asking people to prop up a business at the risk of their own finances - the contract is frustrated - I am talking about costs in excess of £1000 - not top up fees of a couple of hundred pounds. Places in London are very expensive - Horizon in particular charges in excess of £2000 for a full time place. How are people going to afford that on reduced wages. There are working women with children under the age of 3 who pay childcare to nursery’s for the simple luxury of keeping their job - I.e. your entire wage goes on nursery fees and you are not entitled to government assistance. To continue to pay a nursery if your own income is reduced would be financial suicide.

timeisnotaline · 18/03/2020 21:48

To start with, speak to the contract staff and ask if they’ve been told they will be paid. If the nursery plans to lay them off and charge full fees they are assholes and I would refuse, it’s not lawful to change the contract on you.
If they are just trying to support their staff and get by then I would work with them to see what I could pay. I can see it is very stressful for childcare settings to realise their contract doesn’t provide for these events.

NikeDeLaSwoosh · 18/03/2020 21:49

@KaptenKrusty

If you don't have adequate insurance, and you can't afford to plug the gap yourself, then you go under, I'm afraid.

Making unlawful changes to contracts in this manner is pretty reprehensible.

Prob a good idea for you to take some legal advice.

Poppyanddaisy55 · 18/03/2020 21:53

Im a cm and am heartbroken. I work with my husband and just like that we have to close. Got 2 kids to support. I need to word something to parents but I cant actually think straight at the moment.

Hopeisnotastrategy · 18/03/2020 21:58

The point of a contract is that both sides agree it when they sign up. One side doesn’t then get to change it unilaterally.

Were you asked to sign and return something when they notified you? Or was it that if you carried on it would be a tacit acceptance?

It sounds to me that late in they day they realised they weren’t covered and tried to cover their backs, but if it was in March, I’d exoect a certain reasonable amount of time ( a cooling off period); before the new terms would come into force eg 28 days.

Look closely at what they sent you.

Forallyouknow · 18/03/2020 21:58

Forallyouknow wow your attitude is pretty terrible - we don’t want to close - we want to stay open and continue providing our service! We are forced to close - why shouldn’t they get paid?
No it’s not- If I took my child out and self isolate - Yes that’s my decision of course it should be paid. If the weather was bad and I can’t go in fair enough absolutely have to pay. But if I am forced to stop using a service / through no ones fault mind-and my income is reduced because I have to either pay someone else or not work- then no I don’t expect to continue to pay for an indefinite time - if we knew it was one more month then probably yes I would but we don’t.

Bellecurves · 18/03/2020 21:59

They can't just introduce new terms. Check your contract to see what it said originally

Hopeisnotastrategy · 18/03/2020 22:00

But bear in mind you might want them still to be in business in a few months time when the world has hopefully moved on.

OnlyFoolsnMothers · 18/03/2020 22:00

Forallyouknow sorry but the holiday comment really rubbed me up the wrong way, the way people talk about nursery staff on a lot of threads even before this pandemic, is often dismissive and derogatory.
They aren’t a charity to working parents they are a business.
Now as per my comment, I completely understand people who see a reduction in their own income having an issue, I clearly said if you are paid to say wfh you shouldn’t begrudge the staff at a nursery.
As for London fees- yep I pay those too!

KaptenKrusty · 18/03/2020 22:02

@NikeDeLaSwoosh our contract is standard and the terms and conditions have always said patents pay fees all year round - we close over Xmas and Easter and parents pay for that and they pay for bank holidays - it’s like this so we can pay our staff all year round!
This situation is unique and hasn’t happened before - which is why the insurance companies are trying to back out and why nobody really knows what the correct procedure is!

We won’t know until we find out what help the government will give us and whether the insurance situation will change

Thanks for the nice message about us potentially going under though - makes me feel great - we didn’t want this it was forced on us

OnlyFoolsnMothers · 18/03/2020 22:06

KaptenKrusty best of luck to you and your team!!!

Forallyouknow · 18/03/2020 22:06

OnlyFoolsnMothers Oh no. I did not for one minute mean the staff - I KNOW they are low paid and will probably be in the worst hit bracket. Not even sure what they would do as I said most are probably not going to be paid and some it seems are even on zero hours. I was referring to owners- in London mainly they are chains- perhaps my wording was a bit harsh, was not intended to cause offence in that sense.

BecauseReasons · 18/03/2020 22:07

I'm not sure of the legality of changing the terms without you signing to say you've read it. I'd just give them notice and pull out.

OnlyFoolsnMothers · 18/03/2020 22:07

Forallyouknow no problem, I think tensions and emotions are running high everywhere!

KaptenKrusty · 18/03/2020 22:08

Thanks 🙏 @OnlyFoolsnMothers

AJ1425 · 18/03/2020 22:10

Those not wanting to pay.... where exactly are you expecting to send your children when normal life resumes and you go back to work??

WineAndTiramisu · 18/03/2020 22:12

I hate to say this, but are the nurseries not covered because they've gone for the cheap insurance option? Our nursery has said they're fully covered by insurance therefore we don't have to pay whilst they are closed... Are they just lucky or better prepared?

Reginabambina · 18/03/2020 22:13

They’d struggle to argue that they’d carried your contract for various reasons. I wonder who advised them to do this, it’s legally dodgy on so many levels. But equally I understand that a lot of nurseries are currently facing insurers who are refusing to pay out so I can understand why they’d try it on.

LukeSkywalkingOnTheseHaters · 18/03/2020 22:13

Stop paying and find a new one when they all reopen again