Discrimination ?

exador

Not sure if this is the right place ? but here goes

My Son signed up to 12 month membership of a local gym and is about half way through the 12 Month membership. The min age for the gym is 16 so he joined just after his 16th birthday.

The management have decided to change the rules in the past few weeks so that anyone between the ages of 16 and 18 can only use the gym up to 6pm.. When I approached the management to enquire about this I was told that there had been complaints from Members about some unruly behaviour from older members regarding this age group.

I said that if there are some individuals causing a problem then they need to manage the problem and if they break rules then sort it out. I explained that my son attends to use the gym and work out and it is not acceptable.

I was told that they have the right to change the times e.t.c but I didn't accept that they can discriminate against the 16- 18 yr old members ?

My understanding is that they can change the rules/times e.t.c but that it has to be across the board for ALL members and not just some ?

When he signed up it was on the basis he had the full use of the gym and the hours were the same for anyone OVER 16 years old...


Is this unlawful as the manager has said that they have made their decision?

Marcusm

Your child is a minor. If you do some basic research you'll find that minors have a limited ability to enter into enforceable contracts - generally only for necessities.

Losty Dublin

Perhaps you should contact the Equality Authority for guidance here. In the short term you should look at the terms in the contract for the gym and see if there are limitations for juvenile members as they may not be granted the same level of access as adults.

exador

Thanks for your input...I have done some research.
Equal status act states that persons cannot be discriminated against on the grounds of age(does not apply to under 16)

I intend to make enquiries on Monday but thought I would ask here

exador

Losty Dublin wrote: »

Perhaps you should contact the Equality Authority for guidance here. In the short term you should look at the terms in the contract for the gym and see if there are limitations for juvenile members as they may not be granted the same level of access as adults.

Only terms are OVER 16 to use gym...I intend to contact them on Monday but thought that I would check here ahead of Monday

terenc

Is your son a problem or are you part of the problem,

Gatling

Sounds like the grown ups want to workout minus the kids .
I know it may sound smart but if there's complains that teenagers can't behave themselfs could you blame the gym for restricting certain times .
sounds like after 6 they get workers and parents using the gym

exador

terenc wrote: »

Is your son a problem or are you part of the problem,

On what basis do you make that assumption ? I have already said to the manager if he breaks the rules then he deserves to face the consequences..

There has been a big increase in the number of members in this age group.. No doubt there a few acting the goat but he is not one of them...

You shouldn't make assumptions

exador

Gatling wrote: »

Sounds like the grown ups want to workout minus the kids .
I know it may sound smart but if there's complains that teenagers can't behave themselfs could you blame the gym for restricting certain times .
sounds like after 6 they get workers and parents using the gym

If I was using the gym and there other members causing problems I would also make a complaint, However I would expect them to manage the individuals causing the problem. Management taken the lazy way out as opposed to sorting the problem.

Gatling

exador wrote: »

If I was using the gym and there other members causing problems I would also make a complaint, However I would expect them to manage the individuals causing the problem. Management taken the lazy way out as opposed to sorting the problem.

Maybe it's problem that's repeatedly brought up and it's been decided to have an adult time for work outs who don't want there workout interrupted by ill mannered teens.
But as most parents know all our kids are angels

exador

Gatling wrote: »

Maybe it's problem that's repeatedly brought up and it's been decided to have an adult time for work outs who don't want there workout interrupted by ill mannered teens.
But as most parents know all our kids are angels

Sounds like you have problem with ALL Teenagers... As I said if someone causes a problem or breaks a rule then you deal with them.. Regardless of age , gender e.t.c ..

Gatling

exador wrote: »

Sounds like you have problem with ALL Teenagers... As I said if someone causes a problem or breaks a rule then you deal with them.. Regardless of age , gender e.t.c ..

All teenagers I just stated the obvious

exador

Gatling wrote: »

All teenagers I just stated the obvious

I think you have gone off track.

My original question is simply if this is discrimination and is it unlawful by discriminating against a particular group, who in this case happen to be 16 - 18 year olds, Leaving aside your personal opinions on the particular group which is not relevant to the topic.

Pixie Chief

That's obviously a change in the terms of the contract. I have no idea whether that is actionable or not but you might check whether the contract was solely with your son or it involved you also. When I got a gym membership for my 16 year old, I had to sign the agreement and the contract, while it provided services for my daughter, was actually with me. If so, that changes the game?

the world wonders

Contracts cannot be changed unilaterally like this, your son is entitled to at least a refund of his remaining membership. The Equal Status Act 2000 also forbids discrimination in provision of services on grounds of age. You can start off the Equality Tribunal complaint process by filling out this form and giving it to the manager of the gym.

Here's an easier solution you should try first though:
Tell your son to turn up at the gym at his usual time anyway. If he's not one of the kids causing the problems then nobody will make an issue of it. If he is, then, well...

MouseTail

The Equal Status Act does not cover discrimination on age grounds for under 18s. Some of the reasons this is the case are outlined here
http://www.nascireland.org/campaign-for-change/racism/pq-equality-issues-young-people/

Therefore this is not an equality issue in a legal sense, they absolutely can discriminate on age grounds for minors, but a contractual one, if indeed there is a valid contract. He, or you, entered a contract whereby he paid for services no longer provided. I would seek a refund of fees, and seek a gym which will accommodate him.

MarkAnthony

Sensible thing here would be to expect a refund for the remaineder of the contract. If that's not forthcoming then speak to FLAC, I can't tell you what I'd do becuase legal advice is not allowed here but if you put this in the Consumer Issues forum they'd tell you to go to the Special Criminal Court :pac:

I'm not explaining that terrible joke you can work it out for yourself.

evolving_doors

Id leave the whole 'age' issue aside. (Unless the OP signed the contract in which case it would be like a parent signing a child up to drama lessons or summer camp and then the operator decided to change the times etc..).

But back to the son signing an agreement. To my mind it would be the same as entering into a transaction like paying into a cinema.. and the cinema deciding to ban under 18's while the 16yr old is inside watching the film. Its not age discrimination per se.. just bad business practice.
So.. you pay your money for a product/service... you dont get whats promised then its a consumer rights issue.

exador

Thanks for all the replies.

He signed the contract which gave him FULL USE of all the facilities. There was no restriction to times.

A few people have suggested that he would at least be due a refund but he doesn't want a refund, he just wants to able to use the gym as agreed. He has been using it for 7 months with no problems.

I will get some advice on this Tomorrow to see where he stands. Even if the management have the right to make this change it is poor judgement call in my opinion and lazy management.

Thanks

MarkAnthony

The contract is almost certainly going to provide for cancellation by the business at any time. Whether this falls foul of unfair contract terms regs is up for discussion but personally I wouldn't expect anything more than a partial refund.

Of course good customer service is another thing entirely but this isn't the CS forum.

Victor

I would think that breach of contract would be more pressing than discrimination. Equal Status Act allows some discrimination against those under 18.