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?

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.

Yes you have rights I agree, and your manager is a dick for not sorting but that doesn't help you does it?
Next time she gets nuts out I'd open every window , to clear the air, that might get her attention, get other colleague to join in. As it gets colder I think she may then kick off which gives you an in
Do you have a staff meeting? Bring it up then , you don't need to mention her by name but just a reminder that your office is nut free.

Next time some ignoramus suggests you are breaching their human rights, tell them that this would only be the case if they were singled out as the only one to whom the rules apply. Employment law dictates that the environment be adjusted to fit the disabled person, not the other way around.

Send your manager this and say I don’t think you realise quite how serious a nut allergy is. We are not talking about a bit of itching.

Woman paralysed after nut allergy reaction

The manager is a dick, yes, but the law is behind the OP. The employer made a ‘reasonable adjustment’ according to the equality act 2010 by making the office nut free, thereby creating a protected workspace for the OP. This employee has breached that and the employer has an obligation to put it right as it is causing direct harm to the OP and interfering with her ability to work. By not doing anything and expecting the OP and her colleague to sort it out, they are inviting legal action.

she’s refusing to swap rooms as she wants to be with her friends

To be honest I'd be appalled by her selfish and dangerous behaviour if she was a friend of mine.

Have any of those spoken to her about how selfish she's being?

Unfortunately, some people are idiots and do not understand the seriousness of allergies.

Perhaps she didn't know that before. Calling her spineless because she hasn't done this yet is unfair.

Walking out isn’t the solution - especially as the OP is still on a probationary period. The employer clearly isn’t sympathetic to the issue now, and walking out would be a gift if they were looking to dismiss. The company have created a legally protected workspace for the OP with a reasonable adjustment banning eating nuts in the office. This employee is breaching that and the manager clearly doesn’t understand the consequences of allowing that situation to continue. The OP needs to familiarise herself with her rights and protected characteristics as a disabled person, under the Equality Act 2010. Then she needs to inform the manager of same and make him aware of the consequences of not taking action.

Not if the OP works in an office (unless for a local authority), shop, care home, plus a few others then she needs to take the issue to her Environmental Health. The HSE does LA premises, schools, hospitals, factories, farms, building sites, peripatetic work and the like. They can point you to advice but don't have power to enforce all workplaces.
https://www.hse.gov.uk/contact/authority.htm

I would be going straight to the top with this one - forget about your manager, they are a spineless idiot. You are risking your health if you don’t act - and I say this as someone with a nut allergy. I’m so sorry you are having to deal with such thoughtless and selfish colleagues. Genuinely worried for you. Do you feel able to face this woman and tell her in plain English that she needs to stop?

The company have created a protected workspace and this employee is breaching it for all to see. The manager has told OP she must sort it out herself with her colleagues. What else would you call it ?

The best and quickest way to tackle this is not via HSE laws, but by the Equality Act 2010. The company have already made reasonable adjustment and created a protected workspace for the OP under the Act. Now they need to enforce it. Stop the other employee breaching a protected workspace. Simple. But requires backbone - which is the problem.

Tell this stupid,selfish woman that you are officially warning her of your nut allergy( in front of witnesses )what it's doing to you and that if she continues whilst in full knowledge she's then committing a criminal act.
Sounds like she's trying to wrangle constructive dismissal but is more likely to be arrested.

It's a pedantic point, but it's one worth making - the manager (and indeed all of us) needs to understand the seriousness of allergies causing anaphylaxis. All allergens are capable of causing anaphylaxis in people with severe allergies to those allergens. People who are anaphylactic to foods other than nuts and peanuts often struggle to get others to take their allergies seriously as "at least it's not a nut allergy". Other common allergens that can cause anaphylaxis include milk, egg and sesame but it's possible for someone to be severely allergic to anything.

Nut and peanut allergies do tend to skew more to the serious end of the scale, but for some people a nut allergy is indeed just a bit of itching.

A sideways point, but milk and egg allergies are more likely to be airborne than nut or peanut, some people struggle in coffee shops that froth milk or places cooking loads of eggs.

Not meaning to get at you @BrightGreenMoonBuggy , but it's important to be precise in the language so thought it worth clarifying.

She’s not committing a criminal act and constructive dismissal doesn’t apply - at least not to the employee eating the nuts, may end up being the case for the OP though. The other employee would only have a case for discrimination if she were the only person being asked not to eat nuts, or a protected characteristic of some kind was breached - it appears she mistakenly believes that being a new mother absolves her from considering others.

Agreed.

I get really tired of people somehow thinking nut allergy is more serious than other types of allergy.

I guess it's the reason a cafcass officer laughed when I said my son's fruit allergy was serious (anaphylaxis) and said "it's just fruit"

You can have anaphylaxis to any allergen.

Milk is now the top cause of fatal allergic reactions in the UK.

As others have said, it's vanishingly unlikely that the reaction is from the nut proteins being airborne, so opening the window won't do anything. It's much more likely that the problem is contact reactions to protein on surfaces - so to counter it, hands should be washed, surfaces wiped down (baby wipes better than alcohol as they will capture the oil better) including the work station, door handles etc.

Lacking confidence? Misinformed? Not 'spineless'. She's worried about losing her job. This thread has hopefully informed her that she has rights and her being on probation is not the barrier she thinks it is.

FFS. Being an arsehole to other people is a choice.

Op needs to go through her manager on this one. The company have responsibilities under the Equality Act 2010 and have already made reasonable adjustment by making the office nut free. This is called a protected workspace, which they now need to enforce. This employee can’t simply breach that because it has a basis in law. Simply asking her to stop won’t cut it. She needs the manager to enforce the protected workspace by making her aware that she is breaching it, and formally requesting that she stop.

Milk is now the top cause of fatal allergic reactions in the UK.

Yes but I think (think!) that's only when the nut allergies are split into tree nut, peanut and unknown nut. When they're combined they still cause more fatalities then milk (I think!).

Milk allergies are far more common but tend to skew less severe across the population - not much comfort to those at real risk who aren't taken seriously though.

Fruit must be an utter nightmare to get people to take seriously. I'm so glad my daughter's allergy is to peanuts as it automatically makes people take it seriously.

Honestly I would wait til hey were eating nuts and then fake a massive seizure. See how they react then. Then excuse yourself and go home. Tell your manager they are not accomodating your illness and that they are now risking your life. It should be taken seriously, my friend has died from a nut allergy and that's not even ingesting it so I know how serious it is

So other people die because ambulances are not available. Time wasting for emergency services can be a criminal offence. Don't call an ambulance because you feel a bit wheezy.

For a start. Speak up! Remind her you have a severe allergy and so does your other colleague

Tell your manager. If you end up ill they aren't making reasonable adjustments and they will be liable.

You need to be blunt

Also.print off a leaflet about nut allergies and put it on the wall

Me too