To think the nursery are being sneaky

[Travelplans]

Had an email from my daughters nursery saying they’ve amended the contract, please sign.

I emailed them to say what changes have you made. They replied saying just some changes to our opening times e.g at Christmas and including some details on eyfs and ofsted.

I read the contract and they’ve actually snuck in that they’ll close for 2 days a year for staff training and they’ll close half day on Christmas Eve. They’ve always closed early on Christmas Eve but I didn’t realise it wasn’t in the contract. There will be no adjustment for fees, if it’s on your day then tough luck.

My daughter attends on a Monday so we already lose out on all the bank holiday days, which we still have pay for.

They also already close for a week between Christmas and new year and we pay 51 weeks to compensate which is fine.

My daughter loves the nursery so I’ve signed as I’m not going to find her somewhere else, but aibu to be really annoyed that they’re trying to sneak this through?

That's exactly why they didn't send a summary when they issued the new contract. You've proven why they were correct not to

Businesses are never correct not to properly summarise/point out changes to terms and conditions which are detrimental to the customer when dealing with individual consumers.

I just think it should be dealt with differently than those who attend on that day lose out.

But those were the terms you signed up to, so I'm not sure what else you're expecting. If you don't like it, find a nursery that does it differently.

I think you are right OP. They should have had a clear summary of the changes proposed in the covering email. Not doing so would immediately make me suspicious.

Also I not a massive fan of paying for something you are not receiving. The staff pay costs for training days should be borne by all users that go the nursery not just those whose day it happens to fall on. This should be factored into fees.

Nurseries seem to have got away with making parents pay for bank holidays.for a long time and sadly this seems like standard practice. Doesn't make it right or fair though. Sadly I think the only way to get them to change would be to have some organised effort by the customers which seems unlikely to happen.

I can't think of another business that I use that would charge me for a service I can't receive because they are closed.

I can't think of another business that I use that would charge me for a service I can't receive because they are closed.

Other businesses just put their prices cup across the board to cover it. Would that be preferable?

Or shouldn't nursery staff be paid for BH?

@AbreathofFrenchair We’re getting into bank holidays which wasn’t the point of this post but I think it’s fairer if they add the cost of the bank holidays and training days to everyone’s fees and divide it over the year.

This means we’d also contribute to the cost of the bank holidays and training days which might not even fall when my DD is at nursery. But it seems fairer for all that way.

Unfortunately I have no choice but to work a Monday.

@Eleganz cross post, that is exactly how I feel!

Thing is, those are the terms. Take them or leave them. It's quite simple.

I think people are missing the point here. They sent the contract and didn't outline upfront what the changes are.

I do not expect businesses to say "here's a new contract" and not tell me what the changes are. The OP is right, she should not have had to ask, the changes should have been clearly set out.

When you change a contract you say here is our new contract. We've changed clauses 4, 7 and 14 to make changes to our arrangements for the Christmas holidays and staff training days.

Not here's a new contract with our changes buried in it to make it difficult for you find them, please sign.

MNers always seem to think that businesses (and particularly childcare providers) can do what they like. I remember all the nonsense about still being able to charge for nursery places during covid because of force majeure, as if you can just continue to charge for a service you can't provide!

MNers always seem to think that businesses (and particularly childcare providers) can do what they like.

Well in this case, they pretty much can. What do you think the OP can do beyond a) please summarise next time or b) decline their services.

Terms have to be fair and clear, but when everyone in the sector does the same thing, you don't really have a choice. I don't think some of the terms in the nursery sector would meet the requirements under consumer protection legislation but unless and until they are investigated they will carry on.

Exactly - summarise next time and don't try to hide away the changes.

No, they’re not. They’ve told you they’ve amended the contract and it’s on you to read it before you sign it.

No, it's on them to be transparent and say what the changes are.

I would strongly advise MNers to check their consumer rights.

No, it's on them to be transparent and say what the changes are.

I don't think the nursery is responsible for customers who CBA reading their new contract

It sounds like you object to having to pay the full rate for a bank holiday and want everyone to subsidise you. Why should someone who only attends a Tuesday and Thursday have a fee increase because you have to work a Monday and don't want to pay more than them?!

Wages are the biggest outgoings nurseries have. They are already struggling with funded children as often the funding doesnt come close to the hourly rate of the nursery and they dont receive the funding fee on bank holidays and during school holidays (unless its stretched) so that's another loss to factor in before you start on parents like yourself who object to paying their daily fee, despite getting paid themselves.

Presumably it's quite short T&C? So like 2 pages of a4 at the most?

I think before signing the new contract I would want to ask that they add a clause to say the training days wouldn't be scheduled for Mondays so the same days aren't being closed.

'Eg' gives you an example.
So their Christmas times was an example of a change. They weren't sneaky.