Sacked fitness coach wins payout for unfair dismissal

Virgin Active Lancashire Health and Racquets Club in Heywood has been ordered to pay ex employee Maciej Grochowski £653.50 after a court ruled he was unfairly dismissed.

The final payout figure comes after a 75% reduction was made for his conduct prior to his dismissal.

An employment tribunal ruled that he was unfairly dismissed as he had not breached the terms of a final warning issued to him banning him from discussing religion when it was ‘unwelcome’ or ‘made others feel uncomfortable.

However, employment judge David Jones at Manchester Civil Justice Centre ruled that Mr Grochowski had not been discriminated of because of his religious beliefs.

Mr Grochowski was fired from the gym after several warnings over complaints he was making staff and clients uncomfortable by discussing his beliefs. He was told to leave the club after writing a series of emails to bosses spelling out his religious opinions on issues such as Halloween and Satanism.

Mr Grochowski was first warned about his behavior in June 2011 after several gym members contacted the gym to see when he was working so they could avoid being there when he was. It is understood that gym members explained to staff that they felt uncomfortable because of his frequent discussions on religious beliefs.

Within a fortnight of that, a colleague complained about ‘homophobic views’ Mr Grochowski had raised in the staff room.

He was suspended just days later after police were called to the club when he refused to leave after turning up to work on his day off.

He was suspended for a second time and given a final written warning in September 2012, over a year after the issues began, after telling a woman who was taking a yoga class that the activity was ‘dangerous’ as it ‘opened up the chakras (energy points) and allowed evil in’. 

He was fired for breaching the warning after sending emails to bosses in November 2012 but the court ruled the warning did not constitute a ‘blanket ban’ on discussing religion and Mr Grochowski had no cause to think he would cause distress.

Virgin Active were contacted to comment but declined.