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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50148
Experience:  Qualified Solicitor
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Good morning I need advice about notice. I have contract

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Good morning
I need advice about notice.
I have contract with nursery over one year. When we started, nursery was smaller more as a family, through the year there were some changes, stuff, amount of children and I have got warning that this nursery is not very professional as contract says. We decided to cancel two days and sign daughter to another nursery for half week and since little one experienced new nursery, she doesn't want to go to first nursery. I send two weeks ago an email to owners of first nursery explaining our situation and that we are aware of two moths notice, but we hope, that they will understand if we leave earlier if our daughter's stress won't be reduced.
They called to insure me that little one is all right, she is crying only as i am leaving and that she has a lovely time and in the end of telephone conversation owner said therefore there is no reason and they resist on two months notice.
As a caring parents we wanted to know what is going on and why she doesn't like the nursery, so i put a little voice recorder in daughter's bunny and our fears were confirmed, stuff in the first nursery is quite unprofessional, in record are heard children crying and stuff doesn't care as they promised, I am not happy to hear in nursery from teacher "shut up" and another unprofessional behaviour.
I would like to take her from this nursery, but they already sent me an invoice for March. My question is if I can use records, if necessary, as a proof? It's obvious that they broke the contract by promising professional care of children.
Many thanks

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

It is possible to use the recording if necessary. The recording of audio, even covertly, is not usually illegal as long as you do not record any personal information about third parties. However, if these were just general conversations in the nursery then it would not have been unlawful to make this recording and if necessary you can use it as evidence to cancel your agreement with the nursery. Whether it is going to be admissible as evidence in court is for the Judge to decide so it is no guaranteed that it can be used there but I am hoping that this would not get that far, especially if it is going to expose unprofessional behaviour by the nursery – they would like to keep such allegations under wraps rather than make them public knowledge by taking you to court.

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