I have a nut allergy and colleague eating nuts in office.

[Yewdontknowme]

I’ve been working with this company since June. It’s with a small company with two open plan rooms in the same building. There is no HR department just the owners and the general manager and supervisors. One room is nut free as myself and an intern are severely allergic, the other room is ok for nuts. We never have to go into the other office. We are allocated space based on what we do within the company and wfh isn’t an option. For the past few months everything has been great.

A supervisor has returned to our office this past fortnight after maternity leave. It seems she is really popular among the other women in the office. She has ignored all the signs and warnings and has been eating nuts at her workstation, which is making me wheeze and my throat and mouth are itching until I get away home. I’m working dosed up on piriton and with fingers crossed I don’t need to use my epipen.

Our manager is a bit of a coward so has been trying to deal with this woman calmly including offering her a space in the other room but she’s refusing to swap rooms as she wants to be with her friends and likes the bigger workspace she has. She is claiming it’s discriminating against her as a returning mother and a vegetarian and so she will continue to eat what she wants, as in her words “they’re not eating the nuts themselves so they’ll be ok”. For what it’s worth I too am a vegetarian. She also told us to get epipens. Myself and the intern can’t go into the other room as the work in there is totally different to what we do. We need the facilities in this space. Our manager has told us we need to sort it out among ourselves.

I appreciate this is a management problem but what am I supposed to do in the meantime? I’m still on probation and this woman is a long standing staff member. It took me a long time to find this job after redundancy in lockdown and I’m terrified I’ll be laid off after my probationary period runs out because of the drama this causes. I can start looking for another job but I fear it will take me over a year again.

AIBU to expect the manager to deal with this woman instead of having to sort out a ‘compromise’ myself?

All allergies are terrifying. Nuts aren't inherently more dangerous than other allergens. Milk is the top cause of fatal anaphylaxis in the UK now

Maybe photo signs saying nut free zone etc. Too. And plan to leave because this is already a violation. When something more serious happens the managers not going to have your back.

Can you get signed off work, I don't know if it would be possible? And then look for something else

The Equality Act clearly states that a nut or other allergy if, it is sufficiently serious and impacts negatively on day to day activities, is capable of being a disability. This position has also been upheld in case law. My advice was given on the basis that the details given by the OP would qualify her under the Act as disabled. It’s also the case that a formal diagnosis is not required to be eligible under the Act, so the OP doesn’t need to prove ITU stays, or treatment - it’s the effects of the condition itself that need to meet the criteria.

Also the OP doesn’t need to disclose any disability to an employer but I would think she has done so if the employer has made reasonable adjustment under the Equality Act by making her office nut free. It’s difficult to advise properly on social media but we do our best.

Also not sure why you’re asking whether this person is a vegetarian by religion because even if she were, she is still not being discriminated against by being asked not to eat nuts, unless eating nuts is a specific requirement of her religion.

Exactly. Ds has tree nut and seed allergies. One of the reason Anaphylaxis Campaign dont agree with nut bans is that other people dont take other allergies as seriously, and it also leads to complacency .
My DS is allergic to treenuts and sesame and poppy seeds. Sesame gives him more problems than tree nuts

I get your point. I really do. But that’s our workplace policy. We have to call 999 - so a step up from 111. Each and every single time there is suspected allergic anaphalaxis. Regardless of stage or severity. It’s not a watch and wait situation for us. We are a big organisation. I am sure they have done their due diligence on risk and what’s appropriate course of action.

The OP says there are already signs up in the office. What you’re talking about is constructive dismissal - the employer making conditions difficultfor an employee to continue working. If this were to happen the OP could sue the employer for unfair dismissal on these grounds, but only if the employer continues to refuse to address the issues to the point where the OP has no choice but to leave. She needs to try to reach a resolution ideally.

Which illustrates the point nicely. If the OP fakes it and an ambulance is called, the paramedics will know it’s not real and she’ll be in trouble.

This is a disability discrimination issue - being on probation feels incredibly vulnerable and she may be leveraging her more secure position. She is a cow and your manager is a damp lettuce. Is there an EDI representative, HRBP you could bring in?

And I agree - if you have an EpiPen everyone needs to know how to use it if you can't do it for yourself in the event of nut fumes causing you to have a reaction.

And document everything - all requests and conversations via email, and not via Teams (which deletes itself).

There is also the ability to submit a formal Grievance against the twat person.

This will be greatly helped by having the email trail to substantiate their deliberate decision to refuse to move/continuing to bring in and eat the allergen in the knowledge there are members of staff with anaphylaxis in the nut free zone.

The investigation and findings will also provide evidence if they attempted to end the OP's employment after that. Especially if the Grievance includes the definition of a disability and how this is believed to be a deliberate flouting of the reasonable adjustments the firm had made, constituting bullying and discrimination/outright threats on the basis of the OP's medical condition.

If the employer realises that not coming down like a ton of bricks on the employee actually means they could be in the frame for a substantial expense, whether through compensation for an injury/assault sustained in the workplace, for discrimination in permitting it to happen or through a constructive dismissal or unfair dismissal action if the OP leaves or whose contract is ended, that can focus their minds somewhat.

You will see it is case law - not for every given individual (and I’m one that has been through this)

An epi pen does not make an allergy “significantly serious” - it’s other stuff, and I’m speaking from experience here.

I also was clear the OP didn’t need to disclose this, I was asking at what point she did.

She’s not faking it. She’s saying her throat is itchy. We would call for that

Above to @pam290358

Who would you call? 999? What do you do before that and do you know the history for each individual?

Sometimes, sometimes not. Yes we have called for tingly lips after a nut mix. It sounds ridiculous but I don’t make the rules. I suspect it’s blanket in case time is wasted searching for history, epipens or we miss the one potential death. Theres something like 500 near misses or so to a death in workplaces. I guess some kind of similar stat is available for allergies. I don’t make the rules but I do feel safe there. It’s probably the best place for me to keel over. Op should do feel safe at her workplace too.

The standard guidance with epipens is that any reaction that affects breathing to any extent should be dealt with via epipens and an ambulance.

Agreed. I 've always been told if airway (throat) , breathing or consciousness are affected then you use epipen and call an ambulance. I did when my son had an itchy throat after eating and was told it was the right thing to have done

The current messaging is that its far better to use an epipen "too soon" than delay using it

Exactly. If OP is wheezing she would likely be going against her action plan to stay in work taking antihistamines.

Wheezing should equal immediate epipen followed by inhaler if appropriate, and a 999 call for anaphylaxis.

Agreed. And the advice if Airway, breathing or consciousness are impacted is to use epipen before antihistamines or salbutamol

Does Teletubby or whatever the fuck her name his picture this colleague walking in with gloves on, eating her nuts, and thoroughly sterilising her hands before touching a single thing? Not fucking likely.
op, I’d get a lawyers letter, walk out and send it on behalf of both of you that your lives are being intentionally and knowingly put at risk by your employers, and you cannot safely return to work.

This appalling OP. Put a formal complaint in about the fact it's not being dealt with, or if you're not ready for that yet make sure your concerns are made in writing

Will your gp sign you off until it's resolved? (Might be a stretch)

Tell them you need the reasonable adjustment if working from home full time as they are failing to ensure your safety in the office?

sterilising doesnt remove nut protein, this is why this thread is ridiculous as nobody knows what they are talking about. Yon need to wash hands with soap and water , nothing else

The poster who originally suggested calling an ambulance said she would do it because 'she is bolshy' not because she had a genuine need. The OP didn't say she needed an ambulance I think she would know if she did. Calling an ambulance because you are bolshy is wrong. Calling it because you genuinely need it or because it is company protocol is different.

There are a lot of daily Mail readers who balk at the idea of accommodating anyone’s needs at work , or elsewhere. The only way to deal with these people is to trap them with a legal route of health and safety , or to leave work with a closed airway and refuse to come back until the issue is resolved .

The Health and safety route will take time and you might actually die in the process so I’d be inclined to take the more drastic option and go home.