On Thursday (12 June), the UK Food Standards Agency advised consumers to only buy 'Dubai chocolate' from trusted UK retailers. Imported versions of the treat, which combines chocolate, pistachio, tahini and filo pastry, may have missing or inadequate allergen labels, making them non-compliant with UK safety standards.
This TikTok-led craze has led to supermarket purchase limits, and for employers, new complexities around event planning, workplace food policies and duty of care for employees with allergies.
Talking to HR magazine, Kate Palmer, employment services director at global employment law consultancy Peninsula, said: “Controlling what employees can and can’t eat in the workplace might feel a step too authoritarian for some, however employers must consider the needs of the individual with the allergy.
Read more: Can you take time off work for hay fever?
“Not only is it the right thing to do for their health but a severe allergy may meet the definition of a disability under the Equality Act. Therefore, employers may be under an obligation to make reasonable adjustments to support them. This could include restricting the consumption of certain food products in the workplace.”
According to Jamie Cartwright, partner at international law firm Charles Russell Speechlys, an employer providing food products to employees has the responsibilities and liabilities of a food operator. Food company KellyDeli takes this point seriously when bringing teams from 13 countries together for a culture building session.
Mike Williams, KellyDeli's chief HR officer, told HR magazine: “A key feature of this event is ensuring people’s dietary requirements are respected. We’ve even, at times, brought in a specific chef for people with serious allergies. When you’re catering for your people, you must have the same rigour as you do for your customers.”
Discussing corporate hospitality, Cartwright added: “Providing gifts for free does not excuse or provide a defence against the need to comply with food safety and labelling laws.”
Read more: Handling severe allergies in the workplace
HR professionals should update first aid policies to reflect the growing risk of allergen exposure, especially from unlabelled or imported food, recommends Gavin Scarr Hall, Peninsula’s health and safety director.
“While employers may not supply the food, they are still responsible for maintaining a safe environment. Including guidance on anaphylaxis and use of auto-injectors (like EpiPens), and ensuring first aiders are trained to respond to severe allergic reactions is good practice,” he advised.
“It’s also important to promote allergen awareness among staff; for example, encouraging the labelling of shared food in kitchens or during team events.”
