Fitness fanatic, 64, sued gym for ageism... as it only played modern music!
A PERSONAL trainer sued the luxury health club where he worked for age discrimination because he was required to play only modern music during workouts.
Fitzroy Gaynes, 64, claimed he was put at a disadvantage by the gym’s insistence that any tunes played be no more than 18 months old.
He said that as he does not listen to BBC Radio 1 or go clubbing he was being discriminated against by his employers’ refusal to play older music.
But his claim was thrown out by an employment tribunal after the club argued that tracks recorded ‘years ago’ do not sound as good when played through its sound systems.
The hearing in central London was told Mr Gaynes started working part time as a personal trainer at the health club chain Third Space – where membership costs more than £200 a month – in April 2001.
He had ‘enjoyed a long and successful career and has an international reputation in his field’, the tribunal was told.
His employer was described as a modern, ‘cutting edge’ organisation for which image and presentation had became an ‘increasing priority’. This was emphasised by its ‘music brand standards policy’.
There was no bar on playing ‘old’ music as long as it was a recent recording or remix, the hearing was told.
Antony Stewart, head of group exercise, who has a background in the music industry, told the tribunal: ‘Music production has advanced significantly and with time this has meant that songs that were produced years ago do not sound as good when played on new sound systems.’ He added the policy was to ensure club members ‘have the best listening experience’. The tribunal heard that in 2019 bosses at the club in
Soho, central London, where Mr Gaynes worked launched an investigation into his failure to adhere to uniform and timekeeping policies.
In turn, in October that year, he raised a grievance alleging bullying, harassment and age, race and sex discrimination but this was dismissed.
He raised a second grievance in September 2020, alleging his colleagues and bosses were conspiring to have him disciplined and to damage his reputation. He claimed their behaviour was ‘racist and ageist’ but this was also dismissed.
In October 2020 Mr Gaynes moved from the Soho club to another run by the chain in north London where the panel said ‘it appears he makes no complaint about his treatment’.
He took Third Space to the employment tribunal last year claiming age and race discrimination, but in the newly released judgment his case was dismissed.
‘An international reputation’