Have you been asked to “Sign the disclaimer”?
Check the box to say you understand?
We see signs on the door stating that all allergens are present in the kitchen.
We see menus with a footnote saying ‘we cannot guarantee no cross-contamination due to the presence of nuts in our kitchen’.
There are tablets presented as soon as allergies are mentioned, which have to be signed or acknowledged before being allowed to even see the menu, never mind allergen information.
I’ve been asked to fill in a form before my meal had even been ordered.
The food allergic customer already knows there are allergens in your kitchen. They don’t need to sign to say they know that. It may not be an allergy that calls for the dietary requirement.
There are many other health conditions affected by food, so neither do they need to face the Spanish inquisition about their particular medical condition, what their symptoms are, and other impudent questions.
These kinds of disclaimers are not worth the time and energy, as they are not legally binding, and offer no protection to anyone, least of all the business. They may even be in breach of the Consumer Rights Act 2015, or the Unfair Contract Terms Act 1977.
It is possible that the best use of a disclaimer would be if a customer insists on wanting a dish that they have been advised contains their trigger food. This, to me, would indicate that they either do not need to avoid the food, or they are willing to accept responsibility for their actions.
In such cases it would probably be better to use your right to refuse to serve them.
What you choose to do must be backed up with documentation, ‘If it isn’t written down, it didn’t happen!’
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