Type 1 not allowed circuit training

[donnellysdogs]

And now I can print off your post as well telling them they are twerps!!

I work physically hard in my job and I'm by myself most of the time, so it makes it even more difficult to cope with such attitudes.

Got another few weekends away, so can't "adjust" clothes to hide pump immediately, but am now even more determined....hubby can't go now till xmas due to having to change hours for all these xmas shoppers. So it'll make it easier to carry off the sneaky attending. Just be my friend to carry it off rather than 2 people.
I have a plan...

 

[izzzi]

Got a letter from GP actually saying I am fitter than non diabetics and that my diabetes should should not be deemed as a limit to joining the circuit training!! That what got my back up and posting here!!

Not to sure what the Disability Discrimination Legislation would feel about this taking into account the letter from your GP.
Got your back up. I am fumming on your behalf.
Is this a national gym or local.

 

[Micky25]

Legally, there's nothing you can do. The manager is well within his/her right to say a risk assessment was carried out and the result is they are unhappy for you to participate in that class. Similarly, they are allowed to prevent diabetics from entering saunas and spas. No point arguing the point. Either accept it, lie or change gym. Sorry, probably not what you want to read.

 

[baz1191]

Wow diving, there's something I never wanted to do but now I'm diabetic I suddenly want to because it's not advised. It's a shame t2 are penalised for us t1s hypo danger really, maybe it should only be ppl on insulin who should provide certificates for diving. I personally wouldn't do that as would be terrified of hypoing under water!

But circuit training in a school hall..... Honestly can't see the issue! Surely they could just let you sign something to say you understand the risk

Yes, its a shame T2 is tarred with the same brush as T1 for Hypos, but its also a shame vice versa everyone thinks Diabetes is to do with being overweight pie eaters who don't help themselves, (no offence to T2) very similar conditions but so different aswell. The reason I sound so angry is that (as a type 1) most people think I just have to stop eating and I will be cured (6 foot 1, and 12 stone wet through - I don't think I over eat)

 

[Omnipod]

i never declare my diabetes to anyone. I dont see why you should if you test before, know your body and always carry a lucozade.

 

[noblehead]

Even with letter.. Still relegated to have to join their what I classified as "their disabled and geriatric group"... I am so angry that I relegated!!

Have you taken this up with the management DD, if it's a chain of gym's go higher up and ask at Head Office if they can make exceptions.

 

[douglas99]

Legally, there's nothing you can do. The manager is well within his/her right to say a risk assessment was carried out and the result is they are unhappy for you to participate in that class. Similarly, they are allowed to prevent diabetics from entering saunas and spas. No point arguing the point. Either accept it, lie or change gym. Sorry, probably not what you want to read.

That's not the way I have seen it happen.

A medical professional, such as your doctor, can sign you off as fit to exercise. A gym manager can''t refuse to accept it, without a full assessment of your medical condition to refute it. H&S doesn't come in to it.
So the manager can happily say, not me, doctor said ok.
Anything else is disability discrimination.
Admittedly, if you die, the doctor carries the can,the manager has a signed letter to prove he's whiter than white.

That's where my medical cert for diving comes in.
some poor doctor has to carry the can, but then again, she has insurance for that.
So I die, your insurance premiums go up by a few pence.
But that's the extent of any action.

 

[donnellysdogs]

Have you taken this up with the management DD, if it's a chain of gym's go higher up and ask at Head Office if they can make exceptions.

No just a small gym privately owned. Two people that run it and an owner.

 

[Micky25]

That's not the way I have seen it happen.

A medical professional, such as your doctor, can sign you off as fit to exercise. A gym manager can''t refuse to accept it, without a full assessment of your medical condition to refute it. H&S doesn't come in to it.
So the manager can happily say, not me, doctor said ok.
Anything else is disability discrimination.
Admittedly, if you die, the doctor carries the can,the manager has a signed letter to prove he's whiter than white.

That's where my medical cert for diving comes in.
some poor doctor has to carry the can, but then again, she has insurance for that.
So I die, your insurance premiums go up by a few pence.
But that's the extent of any action.

Wow ! Do you just look for my posts to try to find fault ?
OK, I am a lawyer, I agree a doctor can declare a diabetic, or anyone else, fit to take exercise or join a gym. However, the onus is on the gym firstly to accept the doctors advice, secondly, to decide what sort of exercise is suitable. They are well within their legal right to prohibit certain classes and/or activities. The gym itself must carry out their OWN risk assessment and come to their own decision taking into account their liability cover with insurers.
This law also allows them to bar diabetics entry to a sauna or a spa. A letter from your doc will not prevent this either.

 

[Emmotha]

If ur friends would do something else with you take ur money elsewhere. Sounds like that would speak to them more.
Or take ur friends to the diabetic class!

 

[noblehead]

No just a small gym privately owned. Two people that run it and an owner.

Well I would say stuff them and look elsewhere, I do wonder if they have had a bad experience in the past with someone who had type 1 diabetes and that is why they have taken this stance, or perhaps they've heard of other gyms having a similar experience........who knows.

 

[ElyDave]

Wow. Do you just look for my posts to try to find fault ?
OK, I am a lawyer, I agree a doctor can declare a diabetic, or anyone else, fit to take exercise or join a gym. However, the onus is on the gym firstly to accept the doctors advice, secondly, to decide what sort of exercise is suitable. They are well within their legal right to prohibit certain classes and/or activities. The gym itself must carry out their OWN risk assessment and come to their own decision taking into account their liability cover with insurers.
This law also allows them to bar diabetics entry to a sauna or a spa. A letter from your doc will not prevent this either.

I'm a safety consultant, and I can't think of anything in safety law that would cover this and allow disctimination in this way, much the opposite in fact. Sensible risk management should allow participation in a class like this.

I suspect the second part of your post, professional indemnity/liability insurance is the driver here.

 

[Micky25]

Hi Dave. It is covered by Health & Safety and Public Liability. The owner or manager of any gym or fitness centre is ultimately responsible. If they deem a particular class not suitable for a diabetic, you cannot demand to attend and show a doctors note. You may well try reasoning with them but by law, they are within their rights.

 

[ElyDave]

Hi Dave. It is covered by Health & Safety and Public Liability. The owner or manager of any gym or fitness centre is ultimately responsible. If they deem a particular class not suitable for a diabetic, you cannot demand to attend and show a doctors note. You may well try reasoning with them but by law, they are within their rights.

Which "Health and Safety"? Be specific. I can certainly think of case law, but not any regulations or acts.

Unfortunately to the detriment of my profession, H&S is often an excuse to hide behind the insurers and avoid the need to manage risk.

 

[donnellysdogs]

I do find it difficult to understand why I could be allowed under previous managerial jobs to literally walk up and down 10 flights of stairs the equivalent of 5 different sories around a mechanised warehouse with immense conveyor systems, automated cranes running at high speed and be "safe" and not a "risk" there and yet a circuit training course on the flat with 12 people and a trainer is out of the question.

How is a non diabetic with just a course taken allowed to deem that I am too much of a risk and override a GP's professional opinion.

I would like to see a public liability insurance that excludes cover for type 1's.... I actually have public liability for my own job. And it does not exclude type 1 diabetics...

Please can I have more details from Mr Lawyer on exact references.. I am a huge fighter for people to try and assist others.. So now I am prepared to take these issues up with the gym. I want to know exact details and references that I will be faced with.

Thank you...

 

[douglas99]

I do find it difficult to understand why I could be allowed under previous managerial jobs to literally walk up and down 10 flights of stairs the equivalent of 5 different sories around a mechanised warehouse with immense conveyor systems, automated cranes running at high speed and be "safe" and not a "risk" there and yet a circuit training course on the flat with 12 people and a trainer is out of the question.

How is a non diabetic with just a course taken allowed to deem that I am too much of a risk and override a GP's professional opinion.

I would like to see a public liability insurance that excludes cover for type 1's.... I actually have public liability for my own job. And it does not exclude type 1 diabetics...

Please can I have more details from Mr Lawyer on exact references.. I am a huge fighter for people to try and assist others.. So now I am prepared to take these issues up with the gym. I want to know exact details and references that I will be faced with.

Thank you...

100% with you here.

 

[Micky25]

I'm not sure why I'm now coming under attack for trying to help out ? There is no particular law that specifically states a T1 can't participate in a class but every gym has rules and they all contain a paragraph similar to:
"You must comply with any request made by members of staff in relation to matters of Health & Safety".
You cannot demand participation of a particular class. You can try and reason but you will not be covered under legislation. Why not prove me wrong instead or arguing ?

 

[douglas99]

I'm not sure why I'm now coming under attack for trying to help out ? There is no particular law that specifically states a T1 can't participate in a class but every gym has rules and they all contain a paragraph similar to:
"You must comply with any request made by members of staff in relation to matters of Health & Safety".
You cannot demand participation of a particular class. You can try and reason but you will not be covered under legislation. Why not prove me wrong instead or arguing ?

Because you're letting your rant at me affect advice to the op.
If there is no case law, disability discrimination easily trumps your grudge with me.

 

[Micky25]

Rant at you ?
You said "I was too far up myself"
It seems clear you see every thread as a battle for what reason ?

 

[douglas99]

Rant at you ?
You said "I was too far up myself"
It seems clear you see every thread as a battle for what reason ?

Case law, you're a lawyer, you have said the op has no case, I'm saying the Equality Act 2010 trumps your grudge with me.