Harrassment at Gym

Mrs_C26

Hi everyone,
I joined Fitness First in November 2010 and I am desperate to leave as I have been harassed by one of the personal trainers there. When I joined I was entitled to three free PT sessions and the trainer who was assigned to me was a complete sleaze. Cut a long story short he made pervy remarks about my body, asked if he could take me out (but told me not to tell my boyfriend), made racist remarks about the Eastern European gym members (my mum is Slovakian therefore I found this particularly offensive!), kept touching my waist and arms when he was showing me how to use the equipment and then got my mobile number off the computer system and proceeded to send me inappropriate texts.

I basically stopped going to the gym after this and my boyfriend phoned to complain twice – he was told a manager would call back but we have heard nothing. I am paying £50 a month for a service I am not using. I spoke to Head Office today and they said they can’t cancel my membership as I am under contract. They said the best they can do is ‘investigate’ my complaints to stop it happening again. I don’t think this is good enough at all – surely they are in breach of contract? I didn’t think being sexually harassed was part of the service they offer?! I have been totally put off going there again and my boyfriend is not keen for me to go there either. I don't want to go to another Fitness First as there isn't another one anywhere near where I live plus why should I be made to go elsewhere because of someone else's bad behaviour?

Can I legally take this further if FF are refusing to cancel my membership? Any advice would be much appreciated. Many thanks.

halibut2209

Not sure about your rights, but personally I'd just cancel the Direct Debit, and invite them to sue me. Of course then all of this would be out in the public with a lot of negative publicity from the media (due to the fact that I'd make sure they were aware of what was going on). I'd expect them to back down then.

bris

The contract and the employee are two totaly different things. You need to make a complaint about the employee and have the investigation. They could, of course say this is just another excuse for trying to get out of a membership, they hear every excuse going, you only need to look through these boards to see how many people are looking for ways out of gym memberships.
The trainer will no doubt be telling a different story so it will be you word against his. There is nothing you can legaly do if you can't prove your claim's. Try and find out if there have been any other complaints against him, this would help.

halibut2209

Hopefully you still have the texts

Mrs_C26

Thank you for the replies. Yes I still have all the texts - I just really hope that I can get out of this membership as it has put me right off going. I think it would be very awkward to have to go to the same gym and see that particular member of staff, especially after an investigation.

FlamingMoes

Also isn't getting your number from the gym computer a breach of data protection?

redbull5

go into the gym. Ask directly to speak to the manager, make a formal complaint. Make sure you get a photocopy of your statement/complaint and go home and cancel the direct debit. if they chase you up for it mention the sexual harresment and newspapers. Im sure you wont need to pay anymore. Anyways i wonder how much you would get from a newspaper with a story like that?

wealdroam

Mrs_C26 wrote: »

Thank you for the replies. Yes I still have all the texts - I just really hope that I can get out of this membership as it has put me right off going. I think it would be very awkward to have to go to the same gym and see that particular member of staff, especially after an investigation.

But if their investigation results in that particular member of staff being removed, would that be ok?

Or are you looking for a way out of your contract?

fuzzybear01

If you are being harrassed then I would suggest reporting it to the police. The company would also be more likely to take you seriously.

Mrs_C26

I want to get out of the contract as I think the whole situation is a shambles. Even if the member of staff is removed I still want to leave out of principle - my boyfriend made two complaints on this matter and no one at the gym had the courtesy to apologise or look into the matter. I asked to have a different personal trainer and I was told this could be arranged but nothing happened despite me asking several times. It is only that I have spoken to Head Office and told them I will take the matter further that anyone is doing anything about it.

pmduk

You need to show that you have exhausted the complaints procedures. Ensure that you keep the texts.