AGXStarseed
Well-Known Member
(Not written by me)
A man with autism called "stupid" by staff in a Virgin Active club spin class has successfully sued the company for disability discrimination.
Ketan Aggarwal
Ketan Aggarwal, 30, was in a class when he agreed with a fellow cyclist the music was too slow - prompting the instructor to apparently yell "don't tell me how to do my job".
When the class ended the instructor shouted at him again - twice calling him "stupid" down the microphone in front of 30 people, legal documents alleged.
Ketan complained but when Virgin Active refused to punish the worker he took them to court.
Ketan borrowed books from a library, scoured online articles on discrimination, and consulted previous cases to prepare for his court case. He represented himself and argued he had been the victim of disability harassment.
Virgin Active was ordered to pay him costs and compensation, apologise and to look into training staff on equality.
Ketan, from Southall, London, said:
Ketan said he was diagnosed with autism as an adult, a condition which used to make him anxious and angry, but he has taught himself to walk away from conflict.
The keep fit fan was at a class at Virgin Active Stockley Park, where he has a membership, when the incident occurred in May 2015.
He said a classmate mentioned the music was "unmotiviating" and Ketan agreed - apparently prompting fury from the instructor.
Ketan made a complaint but six weeks later was told no action was being taken against the worker, so he submitted a legal claim.
Once Virgin Active received his legal paperwork they apparently dismissed the instructor and offered Ketan £94 compensation - which he rejected.
He offered to settle out of court for £1,000 after a judge in the case warned if Ketan won, it would "open other gyms to legal actions" in a preminiary hearing, he claims.
Virgin Active turned down the offer, and it went to The County Court at Uxbridge last month.
But the court agreed with Ketan and ordered Virgin Active pay him £1,200, plus costs of £190, as well as giving him a written apology.
The judgment added:
A Virgin Active spokesperson apologised and said:
Source: Man with autism called 'stupid' by gym staff successfully sues Virgin Active
A man with autism called "stupid" by staff in a Virgin Active club spin class has successfully sued the company for disability discrimination.
Ketan Aggarwal
Ketan Aggarwal, 30, was in a class when he agreed with a fellow cyclist the music was too slow - prompting the instructor to apparently yell "don't tell me how to do my job".
When the class ended the instructor shouted at him again - twice calling him "stupid" down the microphone in front of 30 people, legal documents alleged.
Ketan complained but when Virgin Active refused to punish the worker he took them to court.
Ketan borrowed books from a library, scoured online articles on discrimination, and consulted previous cases to prepare for his court case. He represented himself and argued he had been the victim of disability harassment.
Virgin Active was ordered to pay him costs and compensation, apologise and to look into training staff on equality.
Ketan, from Southall, London, said:
He called me stupid twice. Calling someone with a mental disability 'stupid' is similar to mocking a guy in a wheelchair.
If I was that stupid I wouldn't have been able to successfully pursue the claim against a solicitor of a billion pound company. It was two years coming and it was hard work.
I'm not a legal professional and I had to do a huge amount of paperwork. I had to live in the library, picking up law from the books, and getting templates for submitting paperwork from the internet. It was worth it though.
It wasn't about the money, it was about the principal.
– Ketan Aggarwal
If I was that stupid I wouldn't have been able to successfully pursue the claim against a solicitor of a billion pound company. It was two years coming and it was hard work.
I'm not a legal professional and I had to do a huge amount of paperwork. I had to live in the library, picking up law from the books, and getting templates for submitting paperwork from the internet. It was worth it though.
It wasn't about the money, it was about the principal.
– Ketan Aggarwal
Ketan said he was diagnosed with autism as an adult, a condition which used to make him anxious and angry, but he has taught himself to walk away from conflict.
The keep fit fan was at a class at Virgin Active Stockley Park, where he has a membership, when the incident occurred in May 2015.
He said a classmate mentioned the music was "unmotiviating" and Ketan agreed - apparently prompting fury from the instructor.
He started shouting across the room and told me my 'opinion was b*******' in the middle of the class.
I stayed quiet but it made me feel horrible. He singled me out even though I only agreed with someone else. I believe this is because of my autism.
– Ketan Aggarwal
I stayed quiet but it made me feel horrible. He singled me out even though I only agreed with someone else. I believe this is because of my autism.
– Ketan Aggarwal
Ketan made a complaint but six weeks later was told no action was being taken against the worker, so he submitted a legal claim.
Once Virgin Active received his legal paperwork they apparently dismissed the instructor and offered Ketan £94 compensation - which he rejected.
He offered to settle out of court for £1,000 after a judge in the case warned if Ketan won, it would "open other gyms to legal actions" in a preminiary hearing, he claims.
Virgin Active turned down the offer, and it went to The County Court at Uxbridge last month.
But the court agreed with Ketan and ordered Virgin Active pay him £1,200, plus costs of £190, as well as giving him a written apology.
The judgment added:
It is ordered that the defendant do consider amending its equality training to staff and consultants and do consider amending its joining application form so non-physical conditions are included.
– County Court judgment
– County Court judgment
A Virgin Active spokesperson apologised and said:
We want everyone to feel welcome at our health clubs and we pride ourselves on inclusiveness and great customer service and facilities.
We are very sorry that one of our members had a negative experience whilst using one of our clubs and hope they can continue to use and enjoy our facilities moving forwards.
– Virgin Active
We are very sorry that one of our members had a negative experience whilst using one of our clubs and hope they can continue to use and enjoy our facilities moving forwards.
– Virgin Active
Source: Man with autism called 'stupid' by gym staff successfully sues Virgin Active
