The Complainant, who has a severe nut allergy, enrolled for a Transition Year trip to France. Shortly after her payment was accepted, the Complainant’s parents were informed by the Board of Management that an additional requirement had to be fulfilled so that the Complainant be allowed to travel. The additional requirement was that a family member of the Complainant should be organised to travel with the Complainant. The Complainant’s parents indicated they were unable to meet this requirement. As a result, the school disbarred her from travelling on the school trip.

The Complainant submitted that the school has at no stage sought to make reasonable accommodation towards her and her illness which would have allowed her to travel. The Respondent consistently put counter arguments to any of her suggestions.

The Respondent denied the allegation made by the Complainant. When the Complainant first enrolled in the school, the Respondent created a “nut free zone”. Parents, pupils and staff of the school were informed that nuts could not be brought into the school.  Furthermore, the Respondent rolled out a Policy governing “Illness in Students”. Staff members were also trained on how to respond if the Complainant suffered an allergic reaction. The Respondent reiterated to the Complainant’s parents that the level of responsibility that would be placed on the two teachers by the Complainant’s participation in the trip without a family member was excessive.

Based on the facts, the Adjudication Officer found that the Respondent had breached the Employment Equality Acts in that it restricted and ultimately prevented the Complainant’s participation in a school student exchange programme and that the Respondent also failed to provide reasonable accommodation for the Complainant. The Court was satisfied that the Respondent’s decision was not predicated on malice. However, it directly discriminated against the Complainant within the definition of the Acts. Accordingly, the Respondent was ordered to pay the Complainant €3,500.
https://www.workplacerelations.ie/en/cases/2019/november/adj-00012323.html