Self employed PT - GYM withholding money

[PTSam]

Hello!

I'm hoping you are able to help with my current situation. I am a self employed personal trainer and I mainly work out of a local gym. Being self employed my clients enter into a contract with myself and not the gym. Currently I pay the gym a flat rate of £6 for every session carried out at their premises for use of their facilities. This money is paid at the end of each month.

They are now implementing a system where my clients pay the gym for my services and then the gym pay me my share. They will however only pay me once the session has been carried out, so if I sell a 12 week package for £300, I will only receive £19 a week (£25 for a session less £6 rent) from the gym rather than the full amount upfront.

My belief is that as I am self employed and the contract is between myself and my client that they shouldn't be able to withhold my money like this. This system will still be implemented for my clients which are not a member of the gym and only train there during our sessions together.

Any thoughts on if this is legal?

Thanks
Sam

[R0b]

Hi Sam,

Do you have a contract in writing with the local gym? If yes, then they can't amend the terms unilaterally unless it allows them to do so. If there isn't a written contract in place then things are probably more difficult for you and they could vary the contract to suit their needs.

That said, what they are doing could be considered an inducement to breach a contract between you and your client but that depends if the client went through you or the gym to sign up for the sessions. If the client went through you, then it may be an inducement to breach and that would be unlawful.

Depending on the arrangements, they could also prevent you from using the gym as your base.

A little more information is needed to understand your position.