AIBU to think that if nursery closes for the state funeral I shouldn't have to pay for it?

[Katlow]

So government have declared a bank holiday but said it's not a requirement for staff to be allowed the day off. My work have decided no day off for us. Yes it's shite but whatever.
I don't begrudge the nursery workers a day off but I've just had a notification saying that they'll be open half a day but we'll be charged the full day. So this means I'm going to have to take the day as authorised absence unpaid as it won't be allowed me swanning in at half 1 when I finish at 4 and I have no annual leave left. I'd be ok-ish with paying for the half a day that they're actually open but to spring this on a weeks notice is a bit crap.
I'm not sure whether I'm being annoying or unreasonable I just think why should I pay 53 quid when I'm losing out on a full day's work.

Sounds illegal to be honest. The CMA (Competition and Market Authority) released guidance to nurseries as a result of their investigation into unfair practices and said that if parents paid in advance for a service they then didn't receive as the nursery shut for any period of time then they should get a refund. Even if in T&Cs their view is it would be an illegal clause as a contract is agreed between you (customer) and nursery for hours you would receive (ie a service) and therefore they would have breached it . Gov.uk guidance

This is why I always favoured a childminder over a nursery. Nurserys have you over a barrel. Its rubbish and they know what they are doing 😕

Would you expect to be paid for a job you didn't do?

Most people are paid for 'a job they didn't do' on Bank Holidays, that's how they work.

By their employer, out of their holiday allowance - I shouldn't be expected to fund it!

This! The nursery doesn't have to close as government guidance makes clear. So if they choose not to provide a service you already paid for, I'd expect a refund/credit as not fulfilling contract

How are they supposed to open if all the staff have school-age children though?

Even if that is the case (which it may or may not be...), consumer law is clear: if company fails to provide a service they have taken money for, the customer is entitled to a refund.

'How are they expected to pay the wages of the staff for the bank holiday if everyone doesn't pay for the bank holiday.'

Maybe they could pay for it out of their profits, I presume they do have some considering the eye watering fees they charge. That is usually how business works. fancy down to your hairdresser and paying for a haircut you aren't going to get on Monday because the salon has decided to close and who is going to pay the staff? Didn't think so.

The Department for Education have said

"Therefore, providers should not be penalised for closing as a result of the additional bank holiday, as is currently the case with other bank holidays. However, providers should be mindful of the impact on parents if they choose to close, and should be confident they can still provide the total number of hours parents agreed with the provider in their parental declaration.”

So this seems clear to me - if they chose to close then they have to still provide the agreed number of hours ie. credit a future day

So this seems clear to me - if they chose to close then they have to still provide the agreed number of hours ie. credit a future day

I don't think it's that straightforward.

Most childcare providers close on Bank Holidays and charge parents. Why would this one be any different to the others in that respect?

If the contract says the nursery closes on Bank Holidays and they still charge, then that's what happens surely?