Creche to pay child €3,000 compensation for discrimination over nut allergy

The girl's parents told the WRC they discovered it was the only creche that would not take a child who might need to use EpiPens.

The owners of a creche which refused to keep providing childcare to a girl after she was diagnosed with an allergy to nuts have been ordered to pay her €3,000 compensation.

The Workplace Relations Commission ruled that the creche has discriminated against the child on grounds of disability in breach of the Equal Status Act 2000.

The identity of the parties in the case was anonymised as the complainant is a minor.

The parents of the toddler claimed the creche has failed to provide reasonable accommodation for their child as required under legislation.

The little girl had been attending the creche since August 2022 when she was 18 months old.

Her parents said their daughter became unwell after eating a cookie at home on February 10, 2024.

Five days later, she was diagnosed her as having an allergy to peanuts, pistachio and cashew nuts.

The WRC heard that, to manage her condition and prevent accidental exposure, the child must have a pair of EpiPens with her at all times.

The father said they returned to the creche on February 19, 2024 and explained to her childminder about her allergy.

However, he claimed that one of the owners said that under no circumstances would EpiPens be allowed in the creche and that their child would have to leave because the creche was too big and they could not guarantee that nuts would not be brought into the building.

The owner advised the child’s parents that she should be moved to a smaller creche where she would be better placed to be looked after and gave them up to two weeks to find an alternative facility.

The parents told the WRC that they were shocked at being told to take their daughter out of the creche and they discovered it was the only creche that would not take a child who might need to use EpiPens.

They said they had difficulty in finding a place in another creche in their area and had lost wages as a result.

They explained they had to remove their daughter from the creche immediately as its owner refused to take EpiPens for the two-week period which had caused them great anxiety and worry. The parents also noted that the creche’s policy allowed EpiPens if certain conditions were met.

The creche’s owners claimed they were not prepared to take responsibility for a child with a severe nut allergy who would require the administration of an EpiPen due to her age and previous history.

They said they were concerned for the health of the toddler as there had been a sudden infant death at the creche several years earlier.

They also claimed the girl had multiple other sensitivities to strawberries, kiwis and eggs as well as having pneumonia the previous year due to asthma and other breathing difficulties.

WRC adjudication officer, Davnet O’Driscoll said information about the change to the child’s medical condition should have been provided to the creche’s owners in advance of her return to the creche as it would have allowed the respondents to consider the situation and to contact their insurers.

However, Ms O’Driscoll did not accept the creche’s defence that it could not have kept the child safe on the evidence before the WRC hearing.