Trainer, 64-year-old sues gym for playing only music recorded in last 18 months

A personal trainer sued the luxury health club he worked at for age discrimination because the music he played was too modern.

Fitzroy Gaines complained that at Jim’s insistence that the studio where he did fitness workouts played tunes older than 18 months, he was hurt.

The 64-year-old claimed that since he doesn’t listen to Radio One or go to clubs, he is being discriminated against by his employers for refusing to play old music.

However, their claim has been rejected by an employment tribunal after the club – where membership costs more than £200 a month – argued that tracks recorded ‘years ago’ could be played through their sound system. Doesn’t look that good.

During a hearing in central London, it was reported that Mr Gaines began working part-time as a personal trainer at the health club chain Third Space in April 2001.

The tribunal heard that he has ‘enjoyed a long and successful career in fitness training and has gained international reputation in his field’.

Their employers were described as a ‘state-of-the-art’ and ‘modern’ organization, for whom image and presentation had become a ‘growing priority’.

The hearing was told that the emphasis was on its Music Brand Standards policy which stipulated that any music played at the club must be produced and released within the previous 18 months.

There was no bar on playing ‘old’ music, as long as it was a recent recording or a recent remix, the hearing was told.

Group Exercise head Antony Stewart, who has a background in the music industry, told the Tribunal that modern music sounds better than tracks recorded in the past.

“Music production has increased significantly and over time this means that songs that were created years ago don’t sound as good when played on new sound systems than new music that is played with current technology. designed and built for.” They said.

“This is one of the reasons we request that the songs used are not older than 18 months, to ensure that our club members have the best listening experience that will add to their overall experience. “

The tribunal heard that in 2019 the boss of the Soho club where he worked launched an investigation into Mr Gaines for failure to comply with uniform and timekeeping policies.

The court heard that he often ate in the studio and left the garbage there after classes.

In October 2019, I filed a complaint alleging bullying, harassment and age, race and gender discrimination. He said he felt he was being ‘targeted’. It was rejected.

He made a second complaint in September 2020, accusing his associates and bosses of conspiring to discipline him and damage his reputation. His behavior was described as ‘racist and ageist’.

This too was rejected and in October 2020 Mr Gaines was moved from the club in Soho to Islington in north London.

He took Third Space – which runs several health clubs in London – to the employment tribunal claiming discrimination of age and race. However, his case was dismissed.

Judging that the music policy was not ageist, Employment Judge Anthony Snelson said: “We have no information about the amount and extent of newly recorded music or released as re-mixes in any rolling period of 18 months.” There is no information in

“We do not have any information (statistical or otherwise) regarding the musical preferences of the individuals sharing [Mr Gaynes’] Individual characteristics of the breed and age. and we have very little information [his] own musical taste.

“He only tells us that he doesn’t go to clubs, doesn’t listen to Capital Radio or Radio One and leans towards music influenced by ‘his’ race, preference and exposure.

“Under the circumstances, we find it impossible to assess what people share” [Mr Gaynes’] Individual characteristics are put by the policy at a particular disadvantage or whether he is placed at such disadvantage.

“Is for [Mr Gaynes] to establish the discriminatory effect of [policy], He fails to do so.

“The policy constitutes a proportionate means of achieving a legitimate objective. We are satisfied that [Third Space] The aim was to provide the latest and best music production technology in its clubs to enhance the experience of its members.

“It is sad that [Mr Gaynes], in the final stages of his illustrious career, must find himself expending great emotional energy on blame and bitterness.”

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