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.

This story is sponsored by Truth Legal.

A Harrogate law firm is celebrating supporting those most in need of legal advice for 10 years.

Truth Legal, which is based on Victoria Avenue, was founded by Andrew Gray back in 2012.

It was set up to help provide access to justice for those who may find the law difficult to navigate and has prided itself on having a “honest and ethical” ethos.

Since then, Truth Legal has gone onto support people for personal injury, clinical negligence, employment, small businesses and immigration cases and even expanded its client base into Leeds with a new office.

Georgina Parkin, the Managing Director at the firm, said the purpose of the company continues to be helping those people who find the law hard to access. She said:

She said:

“Truth Legal was set up in 2012 with the ethos of providing ethical and affordable access to justice. Access to justice has been reduced over the last 12 years with reductions in legal aid and increased court fees.”

“There has been a lot of changes to various areas of the law over the years, such as legal aid and employment tribunals.”

Georgina, who started out as a trainee back in 2013 before rapidly rising to director, is set to oversee the next milestone in the company’s history.

Truth Legal at their 10 year anniversary celebration.

Along with Louis MacWilliam and Navya Shekhar, Georgina will take on majority control of the firm. Catherine Reynolds will continue in her role as a Director of the firm. Andrew will continue to provide support as a consultant.

Going forward, Truth Legal wants to undertake another ambitious recruitment drive and look at setting up another office.

It also intends to take on more social justice cases and expanding its immigration, employment and clinical negligence teams.

For Georgina, the mission of the firm will remain the same – providing access to justice for those who need it most.

For more information on Truth Legal and how to get in touch for legal advice, visit their website here or call 01423 788358.

A new polling platform has been launched with the aim of cutting through online hate and trolling to find Harrogate’s shared views on key issues facing the district.

Harrogate District Consensus invites residents into an anonymous online space to vote on and debate issues including housing, schools and transport, with the data released to everyone whether they take part or not.

It is hoped the tool will be used not to measure division, but construct consensus that local politicians listen to and take into account.

The platform has been set up by Harrogate lawyer Andrew Gray and uses Polis – an artificial intelligence-driven software designed to find communities’ complex views.

Mr Gray said his idea to use the software was driven by a dislike of the tone of social media debates, as well as changing behaviours due to covid.

He explained:

“When covid came along I saw that everybody was moving online and I thought there must be better technological ways of doing democracy.

“Things can get quite hostile online and what we have seen with cancel culture is that some people are scared to speak out about a subject because they think they will get shouted down.

“The best conversations that we can have are when people express their views, but also listen to others and learn something new.

“That is what happens with Polis as every conversation has a life of its own and will find the consensus.”

Other issues which are already up for debate on the Harrogate District Consensus website include how to better use the Stray and whether Harrogate should host more cycling events after the 2017 Tour de Yorkshire and 2019 UCI Road World Championships.

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Local democracy is another topic and Mr Gray said he believes the platform could not have been launched at a better time with the upcoming North Yorkshire Council elections.

He said:

“If enough people use the platform then all of the local political parties and independents can use the data to their liking.

“And if this happens, I don’t think there will ever in the history of our country be more polling data for a single town than there will be for Harrogate ahead of this May’s elections.”We are going to know where Harrogate is at with things like bins or the hospital – and all of these key points will be known like never before.”

Consensus

Polis has been used all over the world by governments, academics and citizens. Born out of Seattle in the USA, it allows participants to share their feelings and to agree or disagree with others, like any other social media platform.

However, what makes it different is that the platform does not highlight the most divisive statements, but gives more visibility to the most consensual ones. These are comments which find support not only in one cluster of people, but across other groups too.

The first survey in Harrogate was about the town’s £10.9 million Station Gateway project which attracted around 24,000 votes from 460 participants in a single week.

The survey found most people were against the now-approved project, but it also produced very granular data and new ideas which the survey organisers say “could and should be explored”.

The software is also being used in Knaresborough under a separate project to create conversation and gather data about where the town should be heading.