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Jenny, Solicitor
Category: Law
Satisfied Customers: 6464
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am a dry operations manager and was an early gym floor instructor

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I am a dry operations manager and was an early gym floor instructor one morning. I have a completed risk assessment stating the gym is managed by a qualified instructor however if they are sick or teaching we get a lg to cover when of pool and if staffing is tight the duty manager needs to go into the gym as often as he can to check things. A piece of functional kit had been left out on the edge of the functional area in front of treadmills. A member leaving the gym looking the other way and speaking to someone at same time tripped over the kit and is now trying to put a claim in saying gym should of been manned and it's our fault the kit was left out. I had been the early gym floor instructor and had been in the gym and out the gym making sure things where okay.i checked the gym before going to find the duty manager in the plant room to learn/practice how to do the strainer baskets. Now this claim is going in can I get sacked at all??
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
10 months
Has the employer suggested they want to dismiss you for this?
Customer: replied 1 year ago.
No not at all my line manager is looking to give me more responsibility in a different department
Customer: replied 1 year ago.
Really I am looking for clarification can I be sacked over this matter or not.
ok that's good. The main risk to you is your length of service. With under two year's service you can be dismissed for any reason and would not be able to claim unfair dismissal as the law says you have to have 2 years service to raise a claim. There are a few exceptions to this which are if you are dismissed due to a discriminatory reason or if you are dismissed for whistleblowing or raising a health and safety complaint. This means that theoretically you could be dismissed for this with notice and would not be able to raise a complaint.
If the employer does not have enough staff to safely man the gym it may be worth raising an issue about this now to protect your position. If you do that and then are dismissed you will be able to say the dismissal comes within one of the exceptions.
if you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer, thank you and all the best.
Customer: replied 1 year ago.
My line manager knows we are tight on staffing as have an instructor off on full time sickness and our gym budget hours have been cut so that I can't man the gym full time if I wanted too unless I over spend and I am doing that any way at moment. However as said the risk assessment states the gym doesn't have to be permentally manned but is if I have staff
Customer: replied 1 year ago.
In your experience do you think I would be sacked if the company don't pay and it goes to court or even if they do pay??
if you had 2 years service the answer would be a simple no that you cannot be dismissed it would amount to unfair dismissal. The problem for you is your length of service. Any one can be dismissed for any reason, even if someone doesn't like you in the first two years. It is hard to say what they will do. If they are a decent employer they will realise it is not your fault and won't dismiss you. I still think the best thing is to raise a 'health and safety' complaint stating that it is impossible to be in two places at once. If you do that and are dismissed then you would be protected.
Customer: replied 1 year ago.
Okay thank you and I take the dismissal would be directed from my line manager if they did?
Yes it most likely would be. I really hope they do not scapegoat you for this as it is clearly not your fault. You cannot be in two places at once. If they try to dismiss you raise a complaint at the time about the fact that they cannot ensure health and safety the way they operate and contact ACAS to start early conciliation. If you have any further questions please do ask. Otherwise I would be grateful if you would take the time to rate my answer as I am not otherwise paid for answering your questions. Thank you and all the best.
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Customer: replied 1 year ago.
Thank you
No problem all the best and do come back to me in the future if you need to.