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?

I don’t blame you for wanting to be cautious and it must be really worrying but this might hopefully give you a little reassurance?

And yes, take it up with the manager! Or further if nothing happens

Interestingly, my son recently had a food trial at St Thomas' hospital(in an allergy testing unit with 8 other children with serious allergies). You have to bring food/snacks as you are there for several hours. When I went to confirm whether sesame was allowed, they said you can bring any food including nuts as there is not evidence that nut allergies are air borne, and they clean each bed after patients have left. I was v surprised at this.

It's easily dealt with if you have the nerve. Recorded delivery letter to employer detailing your allergy with medical back up - pay for letter from GP - explaining symptoms amounting to a disability - asking for risk assessment and explaining your concerns that persons eating nuts in close proximity to you is resulting in ill health already, could result in you needing hospital treatment or death. Could also say with light laugh to suggest you're joking to employer/.nut eater that your husband says if you end up in hospital or dead he'll be suing and speaking to the police about your manslaughter since the behaviour is continuing in full knowledge of the risk to you.

Why would a tiny tiny survey of just 30 children give reassurance? As far as clinical studies go, the cohort is far too small to draw any conclusions from whatsoever. Those 30 children didn’t have a reaction. The next 30 might do.

Same with the cohort of 84. It’s too small. You need to look at numbers in the 000s to draw any reliable info from.

As well as having kids with nut allergies, I’m allergic to tomato and figs, among other things. I can look at them without issue but if I come into contact with them my skin literally peels like a third degree burn.

And OP IS ALREADY HAVING A REACTION so studies of people who aren’t are not reassuring for her.

We have a man who has a nut allergy so have a no nut policy now my office, it’s no problem and everyone abides. Unfortunately you need to highlight that this could be a life/death issue to your manager, he sounds incompetent. If he takes no action, as you have no HR, put your concerns in writing to the directors of the company. Sorry that you have to deal with these idiots.

If it was me I would be having a quiet chat with another colleague who seems to like you - ask their confidential advice on how to handle the situation. Most normal people would be mortified that another person is being so inconsiderate. And then a few days later having a similar private chat asking for confidential advice from another colleague. If you can approach colleagues who have strong moral compasses and who you think would speak up on your behalf. It will hopefully come a point that someone else calls her out on it - she won't want the social negativity.

Yes but that’s for actual suspected anaphylaxis.

Not a fake seizure as suggested upthread.

If OP thinks she’s having an anaphylactic reaction she should 100% call 111/999 if criteria detailed on her allergy action plan are occurring.

The first test in allergy reviews is just a skin test. Enough people react to this that it is clearly a decent proportion of the affected population?

By ‘enough’ I mean a hell of a lot more than 30. 30 perfectly independent controlled results is the minimum for drawing any kind of statistical conclusion from. These children won’t meet that criteria- statistically speaking nothing can be inferred from such a test except it may be useful to study this phenomenon further to generate some actual results.

I think the GP letter and providing information about how to use an epipen and where you keep your epipen is great advice. Also I would print and laminate a poster at your workstation that you have a but allergy, have a medical alert bracelet or necklace. I would e mail and print the letter and send to your manager and hr so you have a proven record. Also ask them to inform staff members of your allergy.

This woman sounds very ignorant and hopefully this will be enough for your work colleagues to point out "x is allergic to nuts be careful."

Strength in numbers.

My friend is allergic and I can't believe someone would be so ignorant.

Sorry I haven’t managed to return to read through everything I’ve been unwell (unrelated to post). Thank you to those who have been helpful with your advice.

I should probably have said I have made her aware previously of the severity of my allergy and asked that she went elsewhere to consume her nuts but as someone on the early pages of the thread highlighted in their own situation where their colleague didn’t believe in anaphylaxis, I think this is maybe similar. I’m now worrying she’s trying to see what will happen but my rational head will kick in again soon.

I’m going to contact ACAS first thing and I’ve looked at the health and safety website but it relates predominantly to medical situations so harder to wave in front of my manager.

I will try to read through the whole thread and answer anything that pops up but it might take me a while.

I don’t believe I said that an epipen makes an allergy significantly serious. What I said was that my advice was based on the OP’s allergy being sufficiently serious to qualify as a disability. Which from the OP’s original post, it seemed to be - with wheezing and irritation requiring anti-histamines just to be able to be in the room, and with one eye on her epipen. She has also stated that she and her other colleague are severely allergic. This, and the fact that the employer has made reasonable adjustment, led me to think that she does qualify under the Equality Act. And that having made the reasonable adjustment for the two employees, the employer now has an obligation to make sure it’s enforced.

Op

Before accepting the role did you discuss your allergy and the requirements? Did you employer confirm that you would be provided with a nut free office for the duration of your employment?

So all your previous employers to date have provided you with a nut free office?

Totally irrelevant if the OP qualifies as disabled under the Equality Act 2010. They have a legal obligation to make reasonable adjustment if they are aware of a qualifying disability under the Act.

There is no legal obligation for a disabled person to disclose a disability to an employer, and employers are not allowed to ask about disability/health conditions at interview. Once the employer is made aware of an issue, they have an obligation to make ‘reasonable adjustment’ wherever possible so that the employee is not disadvantaged in the workplace. It sounds as though this has been done if the office is nut free and there are signs up to that effect - that being the case, the employer should now be enforcing the protected workspace they’ve created for the employee and her colleague.

pam290358 · Yesterday 09:24

Your manager, and consequently the company, are in breach of the Equality Act 2010 and they need to be made aware of that and the possible consequences if they don’t step up and tackle your utterly ignorant and self centred colleague - who, by the way, is not being discriminated against either as a vegetarian or a mother. This would only be the case if she was the only one being asked not to eat nuts in the office.

OP your allergy qualifies as a disability under the Equality Act 2010 and as such your employer has to make reasonable adjustment so that your condition does not put you at a disadvantage in the workplace. It seems as though they have already done this for you and another colleague and the reasonable adjustment here is simply making your office nut free and putting up warning notices to that effect. This is protected in law and therefore your colleague can’t simply rock up and eat nuts in a protected workspace.

Apart from the obvious consequences to your health, which I think breach health and safety at work laws, there are consequences under the Equality Act if your employer does not resolve the situation - your manager has a responsibility to do this, he can’t simply leave it for you to ‘sort out among yourselves’.

You have what’s called ‘protected characteristics’ under the Equality Act, by reason of your disability, and that means that you do not need to have worked for your employer for the statutory two years to be able to take action if they refuse to resolve a problem directly related to your disability. You should also know that a probation period has no meaning in employment law - it doesn’t absolve the employer of the responsibility to treat you fairly, or of the obligation to honour notice periods.

Your employer cannot dismiss you for anything disability related unless they can show that they have tried their best to make reasonable adjustment to accommodate it. In this case it’s blindingly simple - they keep the office nut free and the problem is solved. By allowing an employee to breach the protected workspace created for you and your colleague, they have broken the agreement and must put it right. Dismissing you because they don’t want to upset another employee, isn’t an option and if they were to give you notice you would potentially have a case for unfair dismissal.

If they refuse to resolve the situation and the working environment continues to cause you problems to the point where you have to leave, this is called constructive dismissal - they have made it impossible for you to continue working there. Again you would potentially have a case for unfair dismissal on those grounds.

The simplest way to resolve this is to ask for a meeting with your manager, and ask for someone to accompany you - a union rep or colleague - to take notes. Then make the manager aware of their responsibilities under the Act and ask formally for the situation to be resolved. You can find a copy of the Equality Act 2010 online here https://www.legislation.gov.uk/ukpga/2010/15/contents. I would suggest specifically familiarising yourself with the sections on reasonable adjustment and protected characteristics. ACAS can also advise you accordingly but they won’t approach an employer on your behalf. If your manager is willing, they can approach ACAS who will advise directly in those circumstances.

You do not need a formal diagnosis of a condition to qualify as disabled under the Act - the disability or health condition just has to meet the eligibility criteria for you to receive the protection described above. Obviously if you have medical evidence to support what you’re saying then it’s a good idea to take it along and have it noted in the meeting. Good luck.
Equality Act 2010
An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law...
https://www.legislation.gov.uk/ukpga/2010/15/contents

OP, this is what you need to do. From what you’ve said, it appears that your allergy qualifies as a disability under the Act, and that your employer has already complied with their obligation to make ‘reasonable adjustment’ by making your workspace nut free. If this is the case, it’s easier to use the Equality Act, as the employers’ obligations under it are simpler and clearer cut than Health and Safety legislation, and confers the protection you and your other colleague need. When you contact ACAS, ask about your rights, protected characteristics, and also the employers obligations under the Act. Best of luck, I hope you get it sorted.

they have an obligation to make ‘reasonable adjustment’ wherever possible so that the employee is not disadvantaged in the workplace.

a very small company with a total office space comprising of 2 rooms

not a chance that the HSE would think it unreasonable for an employer not to be able to provide this. 50% of the office guaranteed as nut free is not a “reasonable adjustment”

And I would think that if this is life or death - the OP would mention this before accepting the role.

why? Because it is clearly a very small business with limited office space

Off topic and I am sorry to hijack but Hello to @SandGroperNomad . There are three sandgropers on MN now that I know of.

Hopefully all your concerns are in writing to your manager.

If not, start a paper trail.

TBF, maybe there's been no need.

I can be around people eating nuts as long as they are considerate with disposing of the remnants and washing up. In my case, it's a contact allergy - I will react if my skin touches the nuts or worse, if I ingest the nuts.

Pretty much everyone I've ever worked with has been more paranoid about my allergy than me. Several have refused to bring nuts into the workplace even though I've explained they can eat nuts in my presence without me getting sick.

It's rare to encounter some as pigheaded as the OP's colleague who just doesn't believe in allergies. Most humans are decent, and on realising they can take some simple steps to avoid killing a peer will take those steps.

This may well be the first time that the OP has needed an employer to formally do anything!

In your case not necessary

but the op says in her case it is necessary

You're completely missing my point. The OP may have worked with colleagues before who have voluntarily declared the whole workspace a nut free zone without HR having to tell them.

This may be the first time the OP has encountered someone who had decided their wish to eat some nuts is more important than the OP's wish to stay alive.

I've rarely had to formally request reasonable adjustments because my previous colleagues have just made adjustments.

This may well be the first time that the OP has needed an employer to formally do anything!

Unless this is the op’s first ever job, then this is very unlikely. Nuts are… everywhere