Calling all you legal eagles out there....(if you've got a spare hour or 2 to read this!)

[wordsmith]

The owner of the nursery attended by my DSs seemingly operates a policy of screwing as much out of parents as she can on the basis she has us all over a barrel and we are so desperate for the nursery's services that we will accept anything. (Correct unfortunately! But the staff are great and the children are all very happy so we put up with it.)

The nursery is open all year round with the exception of weekends and bank holidays. Parents do not pay for the bank holidays, but can claim 3 weeks/year holiday at 50% cost (with one month's notice), and have to pay in full for the days when children are ill or otherwise absent. Now the owner has issued a letter to all parents saying that on Monday January 3 2005 the nursery will be open, even though it is a bank holiday. All parents whose children normally attend nursery on a Monday will have to pay in full for this day, whether they want to or not, and whether they send their child to nursery on that day or not.

This does not affect me as my DSs attend on Thurs and Fri, but a good friend and fellow nursery customer has 2 DDs attending on a monday. She has been told that she has to pay for the day, regardless of the fact that it is a bank holiday and despite the fact that she will not be sending the girls as she and DH will not be working. She was so annoyed by this that she confronted the nursery owner, which unfortunately ended up in a row with my friend being told her daughters were no longer welcome to attend the nursery!! (Despite the fact that DS1 had attended for 4 years and DS2 for nearly 2 years with no previous problems).

Obviously this has caused a great deal of upset and upheaval with both my friend and her little girls in tears and almost everyone else, except it seems this callous owner, feeling very uneasy about the whole situation. The Nursery owner told me that she was opening by 'popular demand from parents', but surely that doesn't mean that everyone has to follow suit? She can't change the rules to suit her whims or those of other parents, surely? Where does my friend stand legally on this? She would love DS2 to be able to carry on attending (DS2 starts school in Jan anyway) but her DH is adamant that the nursery can go to hell.

Regardless of whether she sends DS2 back or not (to achieve this she will have to apologise can you believe), does she or any other parent there have any recourse legally against this ad-hoc rule making?

BTW I think we will both be looking for new nurseries in the new year as a result of this, along with several other parents, which is a shame as the nursery is fab apart from the owner - but we would like to know the legal position even if only to go nah-nah-nah-nah-nah at her!

[Fran1]

Glad to have read your last sentence.

I am no legal eagle by the way sorry!

But i was going to say, she'll get her comeupance eventually! I worked in the field, and nurseries which didn't look after their customers lose a reputation very quickly ( know of one in particular which has recently dramatically lost over 50% of its children).

As for paying for double for bank holidays - i'd say fair enough for a child who is actually attending, as they would have to pay double to staff. And knowing from experience Nurseries are NOT big money earners. But hideous to ask parents of children who won't be attending to pay double!

On the other hand, she is generous offering 3 weeks at 50%, this is unusual.

I hope someone more useful comes on soon to help you out!

[wordsmith]

Thanks Fran1, but she won't be paying staff double - she only pays them the min. wage and no double time. They will get a day off in lieu. Pity the parents won't!

[puddingandpie]

Dear Wordsmith,

Unfortunately i am no legal expert but think that this is absolutely dreadful asked to leave!?! outrageous!! was there a written contract? Have you tried Trading Standards? What about some free legal advice with some savings schemes or loyality organisations??? I am so annoyed by this. Good luck is there anyway of shaming her into it I wish there was!!!

REally good management skills there then!?! not