Cafe humiliation

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Took my DD (hardworking mum to my 2 DGC) for lunch in a very nice local cafe (pink tea pots, fresh roses on the tables) as a treat.
Lunch menu looked nice. We ordered and I asked if I could just check if my salad could be gluten free. At this the waitress asked if I was choosing or actually coeliac. I am in fact, coeliac and she said then informed me that I would need to sign something first. Honestly, I thought it was a joke but she came back with a large clipboard and an A4 sheet of paper and pen and asked me to have it signed by the time she returned; she was not going to take the order until this was done.
I sat staring at the paperwork wondering of this was for real. The paperwork was a disclaimer that if the cafe should inadvertantly slip me anything gluten laden then they would keep this piece of paper with my "consent" at the risks therein.
Several ladies having tea and lunches were staring at me and DD when the waitress came back; she was astonished that I hadn't signed their form yet. I just wanted to have a nice salad lunch with my daughter to treat her without having some jobsworth make me out to be some sort of liability to them. DD said it had sucked the good vibe right out and she was absolutely right.
So the waitress then asked why I wouldn't sign. I had to explain (calmly but upset) that I had hoped for kinder and far more inclusive customer service instead of singling me out and making me "other" whilst their diners looked on wondering why I was having to sign their paperwork before anyone was willing to serve us. She said, no, it's not like that - but I had to explain again that their paperwork was not to caring for the customer it was them covering their back against me if they were to make a mistake. Although I previously liked the cafe very much, DD and I left.
I'm a woman of the world and a solo traveller too. I have a happy go lucky nature but today...I really felt humiliated. AIBU?

Coeliac and other intolerances/allergies are recognised as health conditions under the Equality Act 2010, but with a few exceptions they don’t meet the definition of a disability under the Act, because they don’t cause issues unless the allergen or intolerance is ingested. However, under the Act it’s illegal for any organisation to have a policy which disproportionately affects someone with a disability or health condition - which this actually does. It’s direct discrimination, and it’s illegal.

The FSA guidelines don’t specify asking customers to sign a waiver in cases of allergies/intolerances because they don’t mean anything in law and don’t prevent the establishment from liability in the event of an incident. The onus is on the establishment to be familiar with the list of known allergens/intolerances, and where a customer discloses such, if they cannot guarantee no cross contamination then legally, they can, and should, refuse to serve them and explain why.

A piece of paper that is considered in law to be direct discrimination?

It doesn’t hold up legally. FSA guidelines are not to put the decision back onto the customer. They specify that it’s the food establishment’s responsibility to familiarise themselves with allergens/intolerances and in the event they can’t guarantee the customers’ safety, they should refuse service. A customer signing a waiver doesn’t protect the establishment from liability if there’s an incident.

Late to the party but if I eat out now I expect a stomach explosion. Unless they have an entirely separate kitchen no where is going to be truely gluten free. They are covering their backs as unfair and as unfair as that seems I get it. All about the delivery though!

They specify that it’s the food establishment’s responsibility to familiarise themselves with allergens/intolerances and in the event they can’t guarantee the customers’ safety, they should refuse service

Do FSA guidelines specify that food providers should refuse service if they can’t guarantee no cross-contamination? I’m genuinely interested, as I work in a cafe. I can only see that the guidelines state that food producers must inform the customer of the fact that they cannot provide allergen-free food. As long as the customer is aware of the risks, they may proceed to order the food if they wish.

Why are so many doing it then, surely they have access to legal advice and have taken this.

No doubt that will happen one day - quite sure someone will have an allergy to caffeine diagnosed soon and a minute dose will massively effect their lives; or maybe they avoid it because tea is a legacy of a colonising past etc etc.

Either I’m a greedy cow, or a bloody resilient one, but I’d have signed either way.

I see you were embarrassed ,however I think YABU TBH .My SIL is also celiac and this happened when we were out as well.In fact when you order, they ask if you have any allergies at all.This is to protect you as well.The case of nut allergies can be fatal for example.A busy kitchen things need to be clear to save any problems .My SIL is used to it and it never seems a big deal ,She signs the sheet and the waitress reports to the chef .

Signing the form gives them proof that the customer was aware of the risks. Bith if sonetging goes wrong OR the customer claims that something went wrong.The customer can't claim (or fraudulently claim) that they weren't told of the possible presence of an allergan. People sue and make claims for countless reasons these days. This form does give the cafe some protection.

The waitress was only following the cafe policy which they probably have been advised to do, it’s not aimed at you personally. If you don’t like it go somewhere else, it’s a free country.

I wouldn’t really call this “humiliation “ but it’s ridiculous carry on from the cafe. Perhaps they have been sued before or something. I wouldn’t give them my business again.

I don't think the waivers will be around for long as I'm fairly confident they are ineffective in law. I do think restaurants and cafes will need to stop offering 'allergen-free' food, whether nut-free or gluten-free etc. altogether if they want to avoid a potential liability unless there is a change in the law.

You want them to respect your dietary needs as it’s important and medical. You also have to respect that you have gone into their establishment and they have to cover themselves and their business. You don’t have to eat there.

My DS has allergies which are becoming life-threatening. He'd have been mortified if this had happened. He hates mentioning his allergies anyway. He's also found that people are super careful with the main part of the dish then scatter allergens as garnish all over the plate!

You definitely did the right thing.

The cafe didn't say it was gluten free. The cafe had a salad with croutons on the menu. The OP asked to make it gluten free. In response they asked whether it is for health reasons and brought the document (which the OP didn't describe well).

I suppose the document contains an information that they will apply reasonable care, but can't guarantee absolutely gluten-zero option and that the OP considered her knowledge of her sensitivity -level and the fact that they aren't gluten-free kitchen and decided to order it.
Sounds fair

I strongly suspect you are correct @threeIsNewSeven. I also think it’s worth reiterating that if OP was unaware that this has been a thing for allergy sufferers for years, she clearly hasn’t ever noticed other diners with the folder / iPad of doom, so I very much doubt they noticed her on this occasion.

It would be safer if they didn't offer allergen free food. Too many law suits about, how can a busy kitchen possibly guarantee to meet so many allergy needs?

I’m coeliac and I don’t think I’d care. I’d think it was ridiculous and probably have a laugh with my DP who is gluten intolerant (probably coeliac) about it. I don’t ever feel awkward asking for gf stuff when I eat out, though.

Well the rose in allergies isn't subsiding any time soon with global warming and intensive production etc it's only going to get worse . Cafes can either adapt or lose customers.

What adaptation do you have in mind? What level of guarantee should they aim for?

If you imagine pre-made sealed free-from food, I suppose thats possible, just with the limits on freshness.

If we talk about preparing guaranteed free-from food onsite, that's impossible when there is only one kitchen and there is a real possibility of airborne cross contamination; they can cater for low/no intentional gluten, but not for zero gluten customers.
And becoming free-from cafe wouldn't work either, there are too many different allergens that going free-from all of them would mean very limited food options and losing more customers than not.

Cafes can either adapt or lose customers

How do they adapt though? It's easy to say they need to adapt, but to provide guaranteed allergen free food is impossible to do for the average small coffee shop / cafe. They just don't have the set up to do it. Very few will have separate kitchens/equipment/staff.

Just a thought.

If you sign the form (in my case it wasn't a waiver) if you do have a reaction later in the day they can investigate what happened.

I once had gastroenteritis that started the evening after a trip to the cinema. We'd gone to pizza hut, then had ice cream in the cinema.

Once I stopped throwing up and could move away from the bathroom I phoned both places, the cinema were, "Why are you calling?", Pizza hut, as soon as I mentioned the gastro the person answering said she needed to get a manager.

The manager came on the phone and was obviously filling in a form about what I had eaten, the time, symptoms, medical treatment etc.

Loads of places have started doing this, I've noticed. DW has peanut and hazelnut allergies, and one restaurant refused to take her order at all - she had to do it on their app so if there was a mistake with the order she couldn't blame the waiter.

A bakery/takeaway I go to has two choice of gluten free cake in plastic bags and under a glass case on the counter and nothing is else sold as gluten free.