What businesses need to know about food allergies and the law

Food allergies are not just a dietary preference, they can be life threatening. For food businesses, nurseries, schools and workplace canteens, managing allergens isn’t optional; it’s a legal and ethical responsibility.

In the UK, strict laws require these establishments to provide clear allergen information, prevent cross-contamination, and protect those at risk. This article unpacks the key legal duties, best practices, and potential risks, helping businesses and institutions create a safer, more inclusive environment for everyone, especially vulnerable children in nursery and school settings.

Prisha Bhardwaj, from ARAG Law answers some key questions.

What are the key legal requirements for food businesses, including nurseries and schools, in the UK regarding food allergies?

In the UK, food businesses and other establishments including nurseries and schools, must comply with several crucial regulations to manage food allergens effectively when food is offered.

Failure to meet these legal obligations, highlights the significant duty of care that nurseries, schools and other food-serving establishments have towards their customers and children. A lapse in allergy management could result in costly legal battles, businesses facing heavy fines, regulatory sanctions and lasting damage to their reputation.

How should establishments effectively communicate with individuals and train staff to handle food allergies?

Education sector

For schools and nurseries, it’s essential that staff are trained to handle allergens specific to the children in their care, maintaining clear records of individual allergies and obtaining consent for emergency procedures.

The Department for Education’s Nutrition guidance states that parents or carers must provide allergy information before a child starts a school or nursery, ideally through the registration form. If an allergy is declared, key staff should meet with the parents as soon as possible to discuss safety measures and ensure everyone is confident in the plans. To promote transparency, the organisations allergy policy should be available online or in writing to the parents. This is essential for building trust and ensuring the child’s safety within the environment.

Practical measures and advice

When making menu changes or substituting products, schools and nurseries must ensure they continue to meet the needs of pupils with dietary requirements. This includes:

Food businesses

To protect customers with food allergies and comply with legal requirements, businesses should implement clear and accessible allergen communication strategies.

Under the Health and Safety at Work Act 1974, businesses are obligated to provide appropriate training for their employees to ensure the safety of customers and staff. This includes educating staff on how to identify and handle allergens, how to manage cross-contamination risks, and how to respond in the event of an allergic reaction. Training should also cover emergency procedures, such as recognising anaphylaxis and administering medication if necessary.

There are other key allergen communication strategies food businesses should adopt, including the following:

What are the legal consequences if food allergies are not managed properly?

Compliance with these regulations reinforces the duty of care, preventing legal consequences, including personal injury claims and reputational damage.

Failing to manage food allergies properly can have serious legal consequences for nurseries, schools and businesses, both civil and criminal. Local authorities enforce allergen regulations, and businesses that fail to comply may first receive an improvement notice, requiring them to take corrective action within a set timeframe. If they fail to meet the notice’s requirements, they risk financial penalties, prosecution, and even closure. Courts take allergen breaches seriously, with some cases leading to manslaughter charges when fatal reactions occur. Under the Food Safety Act 1990, fines for mislabelling allergens or failing to provide accurate information are now unlimited, and large businesses can face penalties.

Beyond regulatory action, businesses may also face civil claims for negligence, personal injury and discrimination if improper allergen management results in harm. To avoid these risks, establishments must implement clear allergen polices, conduct supplier audits, and train staff to prevent cross-contamination and respond effectively to customer allergies.

Food allergies and discrimination – Could failing to accommodate food allergies lead to discrimination claims?

Yes, failing to properly accommodate food allergies could result in legal claims for discrimination under the Equality Act 2010. While food allergies are not automatically considered a disability, they can be classified as one if they have a substantial and long-term impact on a person’s daily life. This means that if an individual’s allergy requires strict avoidance measures or significantly restricts their activities, it could meet the legal definition of a disability.

Schools, nurseries, and food businesses must make reasonable adjustments to accommodate individuals with severe allergies. This could include

If a business or institution fails to take these steps, they may be seen as unlawfully discriminating against someone with a disability.

Tribunals will assess the impact of an allergy based on how difficult it is to avoid the allergen and whether the avoidance itself has a substantial effect on daily life. For example, a nut allergy requiring strict dietary restrictions and constant vigilance may be viewed differently from a mild intolerance that does not significantly disrupt daily activities. If an individual can demonstrate that their allergy severely limits their ability to participate in work, school, or public life, they may have grounds for a legal claim.

Ultimately, businesses, schools, and nurseries must take allergy management seriously—not just to comply with food safety laws but also to uphold their legal duty under equality legislation.