Freedom of choice

[ghow]

I have recently been dismissed from a part time role as fitness coach for using a different gym in my own free time, the gym I use in my free time is next door to the gym that I coach at, both gyms are different and do not offer the same function, I go to my preferred gym out of the hours that my work gym is open (when my work gym is closed) I work out there approx 2 days a week and coach at the gym next door approx 12 hours a week, is the sacking justified and do I have a right to choose where I exercise in my own free time?

regards

[echat11]

Hi GHOW

How long had you worked for the gym? It sounds 'daft' to me as they offer different facilities.

Have you received a Dismissal letter? If so what exactly does it say?

[ghow]

Hi

I have been there 9 months, I received a dismissal notification by text and a letter in the post today with no other explanation, just saying, following our messages your employment has been terminated with immediate affect (spelt wrong) entitled to 1 months pay in lieu.

is it not my right to freedom of choice to do as I wish in my free time as long as it is within the law of the country?

[echat11]

It sounds like they think you might be doing more then just using (teaching) the gym next door. But they haven't given you much to go on, except their mention of 'messages'.

ULA

[ULA]

This all does sound very strange if the reason for the dismissal is that you train in a different gym.

Is there something in your contract of employment that may shed some light on this e.g. not working at another gym within a certain distance which they may mistakenly think you have been doing?

Even if there nothing in your contract, the issue is that unfortunately you do not have two years service and unless you can prove discrimination or some other limited criteria where a dismissal would be automatically unfair, then your employer can dismiss you and not give an reason.

Really sorry that this is the situation.

[ghow]

The fact is I have no qualifications to teach at the gym next door, my only experience of coaching is in line with my part time coaching job for the activities where I worked, next door offers a completely different function,the gym is purely for my fitness and intended upcoming charity events, to me it is a violation of my privacy rights, my employer had a falling out with the owner of the gym next door many months before, however, that was resolved, its sour grapes on their part and also personal between the two gym owners, but I have been made an example of by my ex employer( surely I have a basic right to work out where is most convenient and acceptable for my needs without the fear of being dismissed for it *♂️

[ghow]

Nothing in my contract and as explained is purely for my fitness as it offers a complete different function than the gym I worked at, there is a personal conflict between the two owners, but that shouldn’t impinge on my rights to freedom of choice.

I don’t discuss my outside life with workers, the employer was spying on me and confronted me about using the gym next door (by text) then the second message after I said that I am not at Liberty or willing to discuss my private life with anyone, was a message saying my contract had been terminated with immediate effect

[Bestudy]

The conflict between these two owners shouldn't affect you at all, so I think you might be dealing with wrongful termination. You need to contact a lawyer, I think. It's pretty common, but most people prefer to change their workplaces with some help from job sites because they don't want to get back and deal with it.

[ULA]

Wrongful dismissal generally occurs when an employer dismisses an employee contrary to their contract of employment usually by breaching the notice period terms in the employee's contract. It appears that the poster in this case has been pay in lieu of notice so unfortunately this is potentially not an course of action they can pursue.

[Bingbongsong]

I think the fact you sent a defensive message regarding unwillingness to discuss your private life probably made your employer wonder if they really wanted to continue employing you. There is obviously a grievance between the two business owners, and potential for industrial espionage. As already stated, if you have been there less than two years, you have no recourse for your termination, and your employer has no obligation to tell you why you have been fired.

You state you have a right to exercise where you choose, but it's worth remembering that business owners have a choice in who they employ.

[echat11]

I think the fact you sent a defensive message regarding unwillingness to discuss your private life probably made your employer wonder if they really wanted to continue employing you. There is obviously a grievance between the two business owners, and potential for industrial espionage. As already stated, if you have been there less than two years, you have no recourse for your termination, and your employer has no obligation to tell you why you have been fired.

You state you have a right to exercise where you choose, but it's worth remembering that business owners have a choice in who they employ.

I'm sure lots of employees don't discuss their private lives with their employers, but likewise employers wouldn't be interested in employees private lives unless it stops them performing in their work activities. I'm not sure that would be a good reason for dismissing someone.

[Manxman]

I'm sure lots of employees don't discuss their private lives with their employers, but likewise employers wouldn't be interested in employees private lives unless it stops them performing in their work activities. I'm not sure that would be a good reason for dismissing someone.

As the OP had worked for less than two years in that job, their employer didn't need a good reason to dismiss them. In fact they don't need any reason at all - they can just be sacked.

[echat11]

As the OP had worked for less than two years in that job, their employer didn't need a good reason to dismiss them. In fact they don't need any reason at all - they can just be sacked.

I know what the regulations / laws etc are, they aren't 'equitable', just my opinion. They haven't always been this way.