The claimant had his employment terminated for gross misconduct after eating a bag of nuts at his desk in the vicinity of a colleague who had a severe allergy to nuts. The respondent company had a very strict policy in relation to minimising the risks to workers with allergies and the employee had a badge indicating the allergy and an Epipen at work for use in case of a reaction. A risk assessment was also carried out.

The tribunal considered the respondent’s policy understandable, especially taking into account the open plan nature of the office and the risks involved. What contributed to the tribunal’s view was that the respondent communicated its policy clearly through e-mails, posters, team briefings and inductions. The claimant had also previously been spoken to informally about contravention of the policy. The statutory dismissal procedure was complied with and the claim was dismissed. It was held that the respondent was motivated at all times by concern for the health and safety of its workers.

PRACTICAL LESSONS

Case-law involving the Equality Act 2010 in Britain has shown that allergies to things like peanuts or latex can (although case specific) amount to a disability which therefore triggers a duty to make reasonable adjustments. Employers in Northern Ireland must still be alive to the possibility of discrimination claims and the respondent here acted impeccably in the circumstances and went to great lengths to ensure that steps were taken to protect the affected employee.

A strict policy adopted by an employer is more likely to be considered reasonable due to the potentially serious consequences to sufferers. Employers are likely to protect themselves more robustly by keeping their workforce informed of the policy through the steps mentioned above.