Dining out should be a relaxing experience, but for anyone with food allergies, it can sometimes be stressful. When a restaurant promises that a meal is safe to eat and it turns out not to be, the results can be serious. If you have suffered an allergic reaction because a restaurant gave you incorrect or misleading information about allergens, you may be able to claim compensation.
This guide will help you understand when such claims are possible, what your rights are under UK law, and how to take practical steps to protect yourself and pursue a claim if needed.
Understanding Food Allergies
A food allergy happens when your immune system mistakenly treats certain foods as a threat. For some people, even a small trace of an allergen can cause a reaction within minutes.
Common Food Allergies
In the UK, food businesses must clearly identify the following 14 main allergens:
- Celery
- Cereals containing gluten (such as wheat, barley, rye and oats)
- Crustaceans (like prawns and crabs)
- Eggs
- Fish
- Lupin
- Milk
- Molluscs (such as mussels or squid)
- Mustard
- Tree nuts (including almonds, hazelnuts, cashews, pecans, walnuts, pistachios, macadamias and Brazil nuts)
- Peanuts
- Sesame
- Soya
- Sulphur dioxide and sulphites (when used above certain levels)
Symptoms of an allergic reaction can range from mild itching to life-threatening anaphylaxis.
The Law Protecting You When You Eat Out
When you buy a meal at a restaurant, café or takeaway, you are protected by several UK laws. These include:
The Food Information Regulations
Restaurants must clearly communicate allergen information to you. They can do this in writing (on a menu or board) or verbally, but it must be accurate and up to date.
If you ask whether a meal contains a particular allergen, staff must check the correct information before answering. If they tell you a dish is safe when it isn’t, or if allergens are missing from a menu, this can be considered a breach of their legal duty.
The Food Safety Act 1990
This law makes it an offence to sell food that is not of the nature, substance or quality demanded by the purchaser. If food is unsafe due to undisclosed allergens, it may breach this Act.
The Consumer Rights Act 2015
When you buy food, it must match its description. If you are told that your meal is “nut-free” and it is not, that is a failure under this law.
Together, these laws mean restaurants owe you a duty of care. If they fail to meet that duty and you are harmed as a result, you could have grounds to claim compensation.
When You Might Have a Valid Claim
You could make a successful claim for an allergic reaction if you can show:
- The restaurant owed you a duty of care.
- They breached that duty (for example, by providing incorrect information or failing to remove an allergen as promised).
- You suffered illness or injury as a result of that breach.
Examples of Negligence
- The menu failed to mention a major allergen.
- Staff gave incorrect verbal advice about what ingredients were in a meal.
- You asked for an ingredient to be left out (such as milk, nuts or eggs) and staff agreed but failed to follow the instruction.
- Food was contaminated with allergens because of poor kitchen hygiene or cross-contact.
Even if you did not inform the restaurant of your allergy, they are still required to display information about the 14 regulated allergens.
Steps to Take After an Allergic Reaction
If you suffer an allergic reaction after eating out, your priority is your health. Once you are safe, taking the right steps can help you protect your legal rights.
1. Get Medical Help
Seek medical attention immediately, especially if symptoms worsen. Keep copies of medical reports, prescriptions and receipts, as they will serve as evidence.
2. Report the Incident
Inform the restaurant of the reaction as soon as possible and ask them to make a record of it. You can also report serious incidents to your local authority’s environmental health department.
3. Collect Evidence
Gather everything that supports your account:
- A copy or photo of the menu or allergen guide.
- Receipts and proof of purchase.
- Any packaging or leftover food.
- Written communication with the restaurant.
- Witness statements if others were present.
- A personal record of symptoms and medical treatment.
4. Contact a Solicitor
Allergy claims can be complex. A solicitor who specialises in personal injury or food liability cases can help you prove negligence and value your claim accurately.
What You Can Claim For
Compensation is usually divided into two parts:
1. General Damages
This covers the pain, suffering and loss of amenity caused by the allergic reaction itself. The amount depends on how severe your symptoms were, how long they lasted and whether there are lasting effects.
The Judicial College Guidelines (used by courts and insurers) provide rough brackets for injury compensation. For example:
- Minor reaction: may attract awards in the low thousands, reflecting discomfort and a brief recovery.
- Moderate reaction: higher amounts where medical treatment and time off work are required.
- Severe reaction: significantly higher awards, particularly for anaphylaxis or ongoing anxiety about eating out.
Every case is assessed individually, so medical evidence is essential.
2. Special Damages
These reimburse financial losses directly caused by the reaction, such as:
- Lost earnings from time off work.
- Travel expenses for medical appointments.
- Prescription and treatment costs.
- Care or assistance provided by family or professionals.
- Replacement of damaged clothing or items (if relevant).
You will need to show receipts or bank statements to claim these costs back.
What If You Didn’t Tell the Restaurant About Your Allergy?
Many people worry they can’t claim because they didn’t specifically inform staff of their allergy. However, UK food law still requires restaurants to tell you which of the 14 major allergens are present in each dish.
If a restaurant failed to display or provide accurate allergen information, you may still have a valid claim. The duty to disclose allergens lies with the food business, not the customer.
That said, if you knew you had a severe allergy and chose to eat a dish despite clear allergen warnings, it might affect how much compensation you receive. This is known as contributory negligence—where your actions partly contributed to the harm.
Cross-Contamination and Hidden Allergens
Sometimes, allergic reactions occur even when a dish doesn’t list an allergen, due to cross-contact in the kitchen. This can happen when:
- Utensils or surfaces are not properly cleaned between dishes.
- Oil used for frying allergen-containing food is reused.
- Staff handle allergenic and non-allergenic foods without changing gloves.
Restaurants are expected to take reasonable precautions to prevent this. They should also tell you if they cannot guarantee that a dish is allergen-free. Failure to do so could form the basis of a claim.
Time Limits for Making a Claim
In most personal injury cases, you have three years from the date of the incident (or from when you first realised your illness was linked to it) to start a claim.
If the person affected is under 18, the three-year period starts from their 18th birthday. If they lack mental capacity, there may be no time limit until capacity is regained.
It’s best to act promptly while evidence and memories are still fresh.
How Solicitors Usually Handle Allergy Claims
Many personal injury solicitors offer to handle food allergy claims on a No Win, No Fee basis (formally known as a Conditional Fee Agreement). This means:
- You don’t pay upfront legal fees.
- You pay nothing if the claim fails.
- If you win, a capped success fee is deducted from your compensation.
This arrangement makes legal support accessible without financial risk.
A solicitor will usually:
- Review your evidence and advise whether the claim has merit.
- Obtain your medical records and an expert report.
- Contact the restaurant’s insurer to outline your claim.
- Negotiate a settlement or, if needed, prepare court proceedings.
Most claims settle out of court once liability is clear.
Preventing Future Incidents
While no system is perfect, there are ways to reduce your risk of suffering another reaction:
- Always check allergen information before ordering, both online and in person.
- Ask direct questions about how food is prepared.
- Avoid sharing dishes or tasting someone else’s food if you are unsure.
- Carry prescribed medication, such as antihistamines or an adrenaline auto-injector, if advised by your doctor.
- Report incidents to help authorities monitor unsafe practices.
Raising awareness helps improve safety standards for everyone with allergies.
How Much Compensation Could You Receive?
The value of a food allergy claim depends on:
- The severity and duration of symptoms.
- The length of any hospital stay or ongoing effects.
- Financial losses and care costs.
- Emotional impact or anxiety around eating out again.
A mild allergic rash might result in a modest payout, while a severe reaction requiring intensive care could lead to a much larger settlement.
Your solicitor will use medical reports and Judicial College Guidelines to calculate a fair amount before negotiating with the restaurant’s insurer.
Key Takeaways
- Restaurants in the UK must tell you which of the 14 major allergens are in their dishes.
- If you suffer an allergic reaction because they failed to provide correct information or ignored your request, you could claim compensation.
- Collect medical and photographic evidence immediately after the incident.
- You usually have three years to start a claim.
- A No Win, No Fee solicitor can guide you through the process without upfront costs.
Final Thoughts
Having a food allergy shouldn’t stop you from enjoying a meal out. Restaurants have a legal and moral responsibility to serve food safely and honestly. If they fail in that duty and you suffer as a result, the law gives you the right to seek compensation.
With clear evidence, professional advice and the right support, you can recover your losses and help ensure better food safety standards for everyone living with allergies.