Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

Original poster

New contract from nursery

16 replies

rumbuba · 10/06/2021 19:22

I’ve received a new contract to sign from nursery today (my DC has been attending full time for a couple of years).
I’ve read through it to understand if there are any changes to the old one (as my DH was handed it to sign and send back without explanation) and the only change I can see is as follows:
“If setting is closed for any reason then full fees will still be owed to the setting for the duration of the closure”

Now, I understand this is likely due to them needing to cover the fact their insurance will not pay out should they need to close to anything pandemic related, but I feel a bit uneasy with the “any reason”, where as DH says to sign.

Would I be unreasonable to request an amendment that states the reasons they could close under this contract?

OP posts:

Barbie222 · 10/06/2021 19:24

I think if it's a nursery, it'll be take it or leave it. It's not a private contract for negotiation, is it, it's the terms and conditions you agree to abide by on making the choice to send your child.

spanieleyes · 10/06/2021 19:25

It does state the reason- " any" ! They won't give you a definitive list, it's a catch-all. Either you accept or you don't!

GeorgieTheGorgeousGoat · 10/06/2021 19:26

I wonder if I could get away with the same clause as a childminder. Nope and I wouldn't even try. My dog goes to daycare and I wouldn't agree to that for there either.

Brown76 · 10/06/2021 19:30

So if it gets closed due to being inadequate or a health and safety risk you’d still have to pay?

Moonshine11 · 10/06/2021 19:35

What @Barbie222 said

Nibletmum · 10/06/2021 19:35

Our nursery was closed for the day due to an electrical fault - they still expected us to pay, reason being they still had to pay the staff. Luckily the parents all stuck together and refused.

FelicityPike · 10/06/2021 19:37

The list could be endless.
There’s loads of reasons they might need to close for a day (or longer).

Hardbackwriter · 10/06/2021 19:37

This is clearly an unreasonable and so unenforceable contract term - as it's written the 'reason' could be that they don't fancy opening! In practice they can't enforce payment even if they close for a reason genuinely out of their control - that was confirmed by the CMA after the first lockdown - but they wouldn't have to hold your place open if you didn't pay either. I don't think signing the contract will actually make any difference either way, though I'd also be uncomfortable about signing such a ridiculous term.

Hankunamatata · 10/06/2021 19:39

Guessing its covid or lockdown ass cover

Hardbackwriter · 10/06/2021 19:49

The CAN specifically say that this is an example of an unfair and so unenforceable addition to a contract:

However, where there is a term in the contract that allows the business to unilaterally change the agreement to impose new terms, or unreasonably increase prices (regardless of the parents’ wishes) – it is a term which is likely to be unfair[footnote 7]. Such a term is likely to be especially open to objection where the contract does not set out in detail how the variation will operate, the trader is not required to give reasonable notice, or the customer is unable to end the contract and avoid the changes.

In addition, the customer must not be pressurised to agree to any new terms, for example by the use of emotive language, or by threats or warnings to take away the child’s place when the nursery re-opens. Such behaviour is likely to be considered to be aggressive and unfair.[footnote 8]

www.gov.uk/government/publications/nursery-and-early-years-sector-covid-19-restrictions-and-consumer-law/nursery-and-early-years-sector-covid-19-restrictions-and-consumer-law-advice

Hardbackwriter · 10/06/2021 19:50

Sorry, that should say CMA not CAN!

Original poster

rumbuba · 10/06/2021 23:29

@Brown76

So if it gets closed due to being inadequate or a health and safety risk you’d still have to pay?

Yes, looks like it.

OP posts:

Original poster

rumbuba · 10/06/2021 23:33

@Nibletmum

Our nursery was closed for the day due to an electrical fault - they still expected us to pay, reason being they still had to pay the staff. Luckily the parents all stuck together and refused.

See, something like this, closing for a day because of an emergency, I'm fine with. It's the potential to be closed for weeks on end while we pay in full that I have an issue with.

OP posts:

Original poster

rumbuba · 10/06/2021 23:35

@Hardbackwriter

Sorry, that should say CMA not CAN!

This is super helpful, thank you!! I think I'll have a good read through and then email the nursery with the link and ask if they can arrange setting more definitive terms for both parties. It seems it would be in their interest to do so.

OP posts:

Onehotmess · 10/06/2021 23:52

But why would they close ‘for weeks on end’? Surely you can end the contract so you would just give notice if that was the case?

LuckyWookie · 10/06/2021 23:56

If setting is closed for any reason then full fees will still be owed to the setting for the duration of the closure
To me this sounds like if the nursery was closed you would not be permitted to give notice and cease being a customer. You would be forced to pay until they reopen, however long that may be.

Flip