NED News Adviceline: Spring 2018

My gym will only allow me to cancel my membership in person. This is written in the contract but I’ve since moved away from the area. What can I do?

To end your gym membership you will need to follow the terms of the contract. However, it’s also possible to challenge any terms which cause unnecessary hassle or are designed to keep you tied into the contract.

For this reason, you could try to challenge the term which states you need to end the contract in person.

Start by writing a letter or email explaining you want to end your membership and why you can’t do so in person. If writing a letter, it’s best to use signed for delivery so you have proof that the letter arrived.

If the gym won’t accept your written cancellation ask if they’ve got a complaints procedure in place which you can follow. If not, then send another letter giving them a final chance to end the contract.

If they still won’t agree to cancel your contract get in touch with an alternative dispute resolution (ADR) scheme – an independent complaints body which settles disputes. The gym may belong to one already, or should provide details of an approved scheme and say whether they’d be prepared to work with it.


I’ve just been hired by a cafe as a temp. My boss says that because I’m a temp, I’m not allowed to take any holiday. Is this right?

Your boss is wrong. As an employee, you’re entitled to take paid holiday regardless of the contract you’re on.

While they can refuse to give you leave at specific times, they can’t refuse you holiday pay altogether. If you can’t take time off during your contract you should receive your holiday pay in a lump sum at the end.

How much holiday you’re allowed depends on the length of your contract, and how many hours you work.

First, check how many hours you’re entitled to by using gov.uk’s calculator. Save a copy of the calculation to refer to.

Then speak with your boss and explain that you are entitled to either annual leave or pay in lieu of your holiday – you can refer to your employment rights on the Citizens Advice website. Give them a copy of your holiday calculation too.

If your boss refuses to give you time off or holiday pay, put your complaint in writing to them.

Should your boss still not give way, get in touch with ACAS, the free dispute resolution service that specialises in employment.

For further help understanding your options, contact your nearest Citizens Advice.

Published by

North East Derbyshire CAB

Free, impartial, confidential advice across North East Derbyshire and Bolsover Districts.