A Family Left with No Choice

A two-year-old girl was forced to leave her creche after being diagnosed with a severe nut allergy. The creche told her parents it was “not prepared to take responsibility” for her condition.

The child had been happy and settled there since she was 18 months old. But once her father explained that she would need EpiPens on site, the creche refused to accept them. Her parents had no choice but to remove her immediately.

What the WRC Found

The Workplace Relations Commission (WRC) reviewed the case under the Equal Status Act 2000. While it accepted the creche may have had genuine concerns, it ruled that the refusal to accept the child amounted to disability discrimination.

Adjudicator Davnet O’Driscoll noted that the creche should have taken time to consult with the parents, consider medical evidence, and explore possible solutions. Options could have included staff training or parent indemnity. Instead, the creche chose exclusion.

Why This Decision Matters

This ruling highlights an important principle: exclusion is not accommodation. Schools, childcare providers, and workplaces all have a duty to provide reasonable adjustments for disabilities and medical conditions.

The child in this case was removed from an environment where she felt secure, not because her needs were impossible to meet, but because her carers refused to try.

Standing for Inclusion

At Employment Matters, we believe every child deserves equal treatment. Families should never face the trauma of discrimination, especially when solutions are available.

This case is a reminder that equality laws exist to protect people of all ages. Reasonable accommodation is not optional — it is a legal duty.