Membership Denied .

[OldSmokey]

This question might be for the resolver .
Customer of mine had been told to reapply for membership of his club as they were updating the membership details . He confirmed his details and informed them he was a life member .

The reply he got was roughly as follows , "we have considered your application and feel that you do not meet the requirements to be a member and your application has been rejected . Do not attend the building as you will be prevented from entering ."

The club has no constitution , no written rules , they have refused to tell him what the requirements are that he doesnt meet , and they refuse to consider an appeal .

Any suggestions that I can pass on will be gratefully received .

 

[Newchodge]

What sort of club?

 

[OldSmokey]

What sort of club?

Sports club

 

[AndEde]

Happy to have a call and discuss if you would like.

 

[Newchodge]

Happy to have a call and discuss if you would like.

The whole point if this forum is public discussion so others can see ways to resolve their own issues. There is nothing in this that warrants private discussion.

 

[OldSmokey]

I have suggested to him that he asks for a copy of their rules again , and if they will not provide them that he considers contacting dispute resolution solictors .

 

[fisicx]

You need to talk to @prophet01. He is in a similar position.

But unless it’s stated in the articles I’m not sure the club is obliged to give a reason for refusal.

This sounds more like a grudge than a simple removal of membership.

 

[thetiger2015]

If it's a club on private property, there's not much you can do. They're entitled to accept or refuse anyone, for any reason.

Different if it's council or community owned but private gyms etc can reject anyone, at any time, for any reason. They're not obliged to accept all applications. They may be reducing member numbers.

 

[IanSuth]

unless of course he paid a large amount for the life membership

In which case removing access to what he has paid for has to be done with a reason and there should be some set of rules that he agreed to upon purchasing said membership and which he can be shown to have fallen foul of (even if as vague as "all members must be of good character and social standing")

 

[JEREMY HAWKE]

Are there allegations?

There are no rules about involvement with sheep but since the rumours (They were just allegations)
I have been banned from our bowling club
Hope this helps

 

[eteb3]

Is it incorporated or unincorporated?
Members’ club or proprietory?

If you don’t know what I mean I’ll happily elaborate!

You say it has “no rules”. Then it’s not a club. But if it is a club, then it certainly does have rules, even if those aren’t written down.

Bottom line is that club membership is a matter of contract. If he has a contractual right to be in the club, there’s nothing they can do about it except expel him through the contractually agreed procedure

“Update your details please” presupposes he was a member at that point. They have therefore attempted to expel him. He should turn up at the club very soon to show he doesn’t acquiesce in that decision

 

[eteb3]

If it's a club on private property, there's not much you can do. They're entitled to accept or refuse anyone, for any reason.

This is wrong in afraid: the club can’t breach the Equality Act in any case, and the committee can’t breach the clubs own rules

 

[The Resolver]

Its all down to the terms agreed when he joined. Apply again and see if there is a button to press saying something like 'I have read, understand and agree to the terms and conditions' (we all lie at that point as to reading them) with a link to view the T&Cs. If he paid for a life membership and assuming there were no terms at the time limiting the defintion of 'life' (reasonable to have a clause empowering termination for breach of club rules - but there must be a set ) he may be able to sue for breach.

He should follow the Practice Direction on Pre-Action Conduct raising the question as to the reasons to terminate.

 

[OldSmokey]

Thanks for that Graham . He has been a member for well over 35 years and a life member for at least 25 years . Life membership was granted not on a payment but on work that was done for the club .
It has never had any written rules or a constitution , anything done that I know of has been on a verbal gentlemens agreement .

This is what he had to sign " I do hereby state that I wish to retain my membership of xxxxx xxxxx and do also state that I will abide by all current and future rules and regulations relating to
conduct and procedures designed to ensure the safety of myself and other members
whilst on the premises whether or not engaged in any of the available activities.

I also agree to pay the monthly fees and entrance fees that are in place by
Standing Order. Such fees are currently:"

He has given them 7 days to provide a copy of the rules , constitution and details of what the requirements are that he doesnt meet .

He is prepared to pay for an arbitration hearing , but it seems he has heard off the record that they will not agree to any form of arbitration .

 

[eteb3]

This is what he had to sign " I do hereby state that I wish to retain my membership of xxxxx xxxxx and do also state that I will abide by all current and future rules and regulations relating to
conduct and procedures designed to ensure the safety of myself and other members
whilst on the premises whether or not engaged in any of the available activities.

I also agree to pay the monthly fees and entrance fees that are in place by
Standing Order. Such fees are currently:"

In the worst light, this could be construed as his acquiescence their view that they have a right to require him to reapply, and in their right to pronounce on his membership. His act of re-applying presupposes they have a decision to make. (Rather than writing back with, "Of course I'm not reapplying, I'm a life member. But if you want my updated details, here they are.")

 

[OldSmokey]

In the worst light, this could be construed as his acquiescence their view that they have a right to require him to reapply, and in their right to pronounce on his membership. His act of re-applying presupposes they have a decision to make. (Rather than writing back with, "Of course I'm not reapplying, I'm a life member. But if you want my updated details, here they are.")

He sent this to them yesterday , so you got it right .


I want to point outthat I did not apply to join xxxx xxxxx, as I am already a lifemember.. I was asked to re-register because you wanted to make sure all members details are up to date, which is what I complied with. If you had stated that I was applying for membership I wouldn’t have bothered, as I am already a member.

 

[prophet01]

@OldSmokey
I'm really confused.
You state:

that it's a members club with no written constitution or rules​

that your friend has been a member for 35 years​

that anything done is on a verbal basis​

​

I'm struggling to see how a members club can have operated for that length of time without anything being written down.

How does anyone know who's a member if there isn't a written list?
What is the club's structure wrt leadership? How did they become the club's leaders?
Who granted your friend life membership 25 years ago and under what authority?
Is that person still there to confirm the granting of life membership?
How do I become a member?
What sort of sports club is it? What sports?

There's so much ambiguity which requires clarification.

​