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BRAINS VS BRAWN

Autistic man, 30, called ‘stupid’ by Virgin Active staff wins payout after teaching himself law to sue gym

Ketan Aggarwal, 30, taught himself law to successfully represent himself in his case against Virgin Active

AN autistic man who was called "stupid" by a Virgin Active staff member in a west London gym has won damages after teaching himself law to sue them.

Ketan Aggarwal, 30, successfully sued them for disability discrimination while representing himself in Uxbridge County Court.

 Ketan Aggarwal, above, swatted over books for two years to represent himself in his case against Virgin Active
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Ketan Aggarwal, above, swatted over books for two years to represent himself in his case against Virgin ActiveCredit: SWNS:South West News Service

In May 2015, fitness enthusiast Mr Aggarwal attended a spin class in Virgin Active Stockley Park when he agreed with another attendee that the music was too slow.

According to , the instructor then yelled "don't tell me how to do my job".

When the class ended, the instructor yelled at him again, calling Mr Aggarwal "stupid" twice in front of the class of 30 people.

"He started shouting across the room and told me my 'opinion was bollocks'", Mr Aggarwal said, adding that although he "stayed quiet", the instructor's comments made him feel horrible.

 Mr Aggarwal was attending a spinning class at the gym when the staff member called him "stupid"
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Mr Aggarwal was attending a spinning class at the gym when the staff member called him "stupid"Credit: Virgin Active

He added: "He singled me out even though I only agreed with someone else. I believe this is because of my autism."

Six weeks after he complained about the incident, Virgin Active told him no action was going to be taken against the worker, so he submitted a legal claim.

Once Virgin Active received his legal paperwork they dismissed the instructor and offered Mr Aggarwal £94 compensation, which he rejected.

Mr Aggarwal spent two years swatting over borrowed books from the library, online articles on discrimination and consulting previous cases to prepare for his case.

 Mr Aggarwal, above, said he believed he had been singled out because of his autism
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Mr Aggarwal, above, said he believed he had been singled out because of his autismCredit: SWNS:South West News Service

In the legal document, Mr Aggarwal said he believed this was a disability related harassment as the instructor was aware of a previous incident where he had informed staff of his autism.

The gym goer successfully argued against the multi-million pound company's legal team to prove he had been the victim of a disability harassment.

At the case at Uxbridge County Court in March 2017, Virgin Active were ordered to pay Mr Aggarwal £1,200 plus £190 costs, as well as a written apology and to look into training staff on equality.

Mr Aggarwal from Southall, London, said the case "wasn't about the money, it was about the principle", adding "it felt amazing to win."

"When someone discriminates against someone with a mental disability, they don't think they are going to pick up law, submit a legal claim and then successfully argue it in a court of law," he said.

Virgin Active said they are "committed" to reviewing their training for staff to ensure the experience for all members "is of the highest quality."


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