Is nut allergy a disability?

Would your staff know that someone with a nut allergy, who has to carry an epi-pen, would probably be covered by the definition of a disabled person? Are your staff confident to carry out risk assessments with disabled students when a health and safety issue such as this one has been identified? Does your organisation have medication procedures in place that includes the issue of emergency administration of medication?

In Wheeldon v Marstons plc, an employment tribunal initially had to decide whether a chef’s medical condition, a nut allergy rendering him susceptible to an allergic reaction to nuts, or traces of nuts, is a disability under the Equality Act 2010. The medical evidence showed that: 

• health professionals had confirmed Wheeldon’s nut allergy
• an allergic reaction that can be life threatening causes someone to ‘rule their life’ by this risk, including observing a number of nut avoidance measures
• Wheeldon carries adrenaline injectors at all times for immediate use when he comes into contact with nuts.

The tribunal found that the allergy amounted to an impairment, and that the effect on his ability to carry out normal day-to-day activities was long-term and substantial (i.e. more than minor or trivial). He had been admitted to hospital on a number of occasions for suspected anaphylactic shock; his allergic reaction was serious and he had to adapt his life accordingly. Therefore, Wheeldon was covered by the definition of a disabled person under the Equality Act 2010 and his discrimination claim could proceed.

This case has two interesting implications for organisations. First, staff need to understand the rights of the learner to reasonable adjustments, and know how to carry out a risk assessment with the learner. My own experience is that organisations are much better at being aware of health and safety issues, and are much better at making adjustments for disabled students. However, putting these two aspects together and carrying out inclusive risk assessments with disabled students is still an area where staff need support and training.

Second, the case raises issues about medication procedures that should be in place for learners who need emergency administration of medication, such as an epi-pen.

To download information about my training course on carrying out risk assessments with disabled students, click here