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01

Feb 2023

Last Updated: 01/02/2023
Health
Health

Harrogate man wins landmark disabled settlement against major gym chain

by Calvin Robinson

| 01 Feb, 2023
Comment

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andrewgray
Andrew Gray, who won the settlement against Nuffield Health.

A disabled Harrogate man has won a settlement against Nuffield Health after the gym allegedly discriminated against him when trying to renew his membership.

Andrew Gray, a lawyer and founder of Truth Legal, was a member of his local Nuffield health and fitness centre until his health deteriorated.

Mr Gray was a keen marathon runner and played football until April 2021.

Side effects attributed to treatment following a prescribed course of the antibiotic fluoroquinolone led to him developing chronic fatigue, fainting episodes and numerous other symptoms due to heart, blood pressure and prostate problems.

Now disabled, he enquired with his local gym in Harrogate in February last year about reduced rates due to being physically unable to use the equipment and attend the facilities.

He was a keen user of the swimming pool, sauna and jacuzzi which helped relieve muscle and joint pain resulting from his condition.

However, Mr Gray was told that no adjustments in the membership pricing structure for disabled people were available.

Mr Gray argued that as his health condition varies unpredictably, sometimes he would not be well enough to use the pool and jacuzzi despite his desire to do so for the benefits it would afford him, further justifying his request for a reasonably lowered membership fee. 

He said:

“All I wanted to do was to enhance my chance to get well again. Many disabled people would benefit from fairer access to such facilities.
“People with chronic conditions are put off joining such places because of the unfair pricing.”





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Acting on behalf of Mr Gray, Katherine Swinn, a senior associate solicitor at Truth Legal also based in Harrogate, issued a disability discrimination claim for breach of the 2010 Equality Act. 

The outcome saw Nuffield agreeing to settle the claim, establishing an independent committee, comprising a team of medical experts to look at all future memberships for disabled members. 

Moving forward, people with disabilities will be able to apply for reduced membership rates after submitting medical evidence of their disability. The committee will consider applications on a case by case basis.

'Positive outcome for disabled people'


Ms Swinn said:

“This is a very positive outcome for Mr Gray and for disabled people in general, who have been unfairly discriminated against purely for wanting to go to the gym and only pay for the equipment and facilities that they are physically capable of using.
"As this was already in place for pensioners using this particular gym, there was no fair or reasonable explanation why a similar reduced fee membership policy didn’t exist for people with disabilities who also wanted to attend.
“It is completely pointless to have legislation in place such as the Equality Act 2010 if nobody really uses it outside of the workplace. It is applicable to services, as well as employment.
“We are fully supportive of Nuffield’s decision to provide people with disabilities with an opportunity to apply for a reduced fee and hopefully this will establish a fair precedent for other similar leisure facilities to introduce policies that will include rather than exclude disabled members.”


Mr Gray welcomed the settlement and said he hoped other gym chains would follow suit and implement similar membership policies.

He said:

“My hope is that other gym chains follow suit. If they did, they would be opening themselves up to many with disabilities who are put off by the unfair pricing policies. And use of gym facilities could help hundreds of thousands of people to improve their health.”


A spokesperson for Nuffield Health said:

“We are committed to improving the health and wellbeing of the nation and are always looking at ways to widen access to our services.
"As part of this we continually consider new ways to support people with different needs."


Details, including a timeframe, for the introduction of the policy has yet to be confirmed.