Having an allergic reaction after eating at a restaurant can be frightening. You might have carefully checked the menu, asked the staff about ingredients, and still ended up being served something that caused you harm. In such a situation, it’s natural to feel confused, angry, and unsure of what your rights are.
This guide explains what you can do if you experience an allergic reaction after eating at a restaurant in the UK — including your legal rights, how restaurant negligence works, and whether you may be entitled to claim compensation.
Understanding Food Allergies And Why They Happen
Food allergies are more common than most people realise. According to Allergy UK, around one in five people in the UK suffer from at least one allergic condition. Food allergies occur when your immune system mistakenly reacts to certain ingredients — even in tiny amounts.
Some of the most common food allergens include:
- Nuts (such as peanuts, cashews, and almonds)
- Shellfish and fish
- Milk and dairy products
- Eggs
- Wheat and gluten
- Soybeans and peas
- Celery and mustard
An allergic reaction can cause a range of symptoms, from mild irritation to severe medical emergencies. Common signs of an allergic reaction include:
- Hives or itching
- Swelling of the lips, mouth, or face
- Wheezing or difficulty breathing
- Feeling faint or dizzy
- Nausea, vomiting, or stomach pain
In severe cases, an allergic reaction may lead to anaphylaxis, which is life-threatening and requires immediate medical attention.
Why Allergic Reactions Happen In Restaurants
Even though restaurants are expected to follow strict food safety standards, allergic reactions can still happen due to mistakes or negligence. The most common reasons include:
- Incorrect allergen information – The restaurant menu or staff may provide inaccurate details about ingredients.
- Cross-contamination – Utensils, surfaces, or oil used to cook allergen-containing foods might be used again for allergen-free meals.
- Failure to follow requests – You might have asked for “no nuts” or “no dairy”, and the restaurant ignored or forgot to follow your instruction.
- Poor training – Staff might not be properly trained on allergen awareness or handling requests safely.
- Miscommunication between staff – A server might note your allergy, but the chef may never receive the message.
Restaurants, cafés, and takeaway outlets have a legal duty of care to protect customers from foreseeable harm. If they fail to meet this standard, and you suffer as a result, they could be held legally responsible.
Your Rights Under UK Law
In the UK, several laws protect customers with food allergies. These include:
1. The Food Safety Act 1990
This law requires food businesses to ensure that food served or sold to customers is safe to eat. If a restaurant serves food that contains undeclared allergens, or ignores your allergy request, it could be considered a breach of this Act.
2. The Food Information Regulations 2014
This regulation makes it mandatory for food providers to clearly communicate allergen information to customers. The law lists 14 major allergens that must be declared in writing if they are used in any food or drink. These include nuts, milk, eggs, gluten, fish, shellfish, soy, and others.
Restaurants can comply by:
- Displaying allergen menus,
- Providing written notices on how to get allergen information, or
- Offering printed or digital menus with allergen details.
3. The Consumer Rights Act 2015
When you buy food at a restaurant, café, or takeaway, it must be as described and of satisfactory quality. If you are served something that doesn’t meet these conditions — for example, food containing an allergen you asked to avoid — you may have the right to claim compensation for the harm caused.
Together, these laws ensure that you have the right to accurate allergen information and that food providers have a duty of care to serve safe meals.
Can You Claim Compensation For An Allergic Reaction?
If your allergic reaction was caused by a restaurant’s negligence, you may be entitled to compensation. However, to make a successful claim, you must be able to show that:
- The restaurant owed you a duty of care.
- They breached that duty — for example, by serving you food that contained an allergen you specifically asked to avoid.
- The breach directly caused your allergic reaction and the resulting harm.
You can also claim for special damages, which cover any financial losses linked to your allergic reaction — such as:
- Lost income from time off work
- Medical treatment and prescriptions
- Travel expenses for hospital visits
- Care costs (if someone had to look after you)
To support your claim, it’s important to gather evidence. This might include your restaurant receipt, photographs of the meal, copies of allergen menus, witness statements, or medical reports confirming your reaction.
What To Do Immediately After An Allergic Reaction
If you ever experience an allergic reaction at a restaurant, here’s what you should do step by step:
- Seek medical help immediately – Call 999 if you are experiencing severe symptoms or think you might have anaphylaxis. Your health always comes first.
- Inform the restaurant – Report the reaction to staff or management so they are aware of what happened.
- Keep all evidence – Take photos of your food, packaging, or menu, and keep receipts.
- Request allergen information – Ask the restaurant to confirm what ingredients were used.
- Note the details – Record the date, time, and names of staff members you spoke to.
- Get a medical report – A doctor’s record of your allergic reaction can help prove your case later.
- Seek legal advice – A solicitor specialising in personal injury or food allergy claims can guide you on your options.
Examples Of Restaurant Negligence
Here are some common examples of restaurant negligence that could lead to a successful claim:
- You asked for a nut-free dessert, but it was prepared with the same utensils used for dishes containing nuts.
- A takeaway failed to label allergens correctly on its online menu.
- Staff told you a meal was gluten-free when it wasn’t.
- A waiter forgot to pass your allergy information to the kitchen.
- The restaurant’s printed allergen guide was outdated or wrong.
If your reaction happened because of one of these situations, the restaurant may have breached its duty of care.
How Much Compensation Could You Receive?
The amount of compensation depends on the severity of your allergic reaction and its impact on your life.
In the UK, legal professionals use the Judicial College Guidelines (JCG) to estimate compensation amounts. Here are some examples of what you might expect:
| Type of Reaction | Example of Symptoms | Potential Compensation Range |
| Severe allergic reaction | Hospital stay, long-term health effects, lasting anxiety | £38,000 – £52,000 |
| Serious allergic reaction | Short-term hospitalisation, pain and distress lasting weeks | £9,000 – £19,000 |
| Minor allergic reaction | Symptoms like rash, nausea, or vomiting for a few days | £3,000 – £9,000 |
| Trivial allergic reaction | Mild irritation or discomfort that resolves quickly | Up to £3,000 |
| Mental anguish | Fear of dying during the reaction | Around £4,500 |
These figures are only guidelines. The actual amount can vary depending on your personal circumstances, medical evidence, and the impact on your work or wellbeing.
Time Limits For Making A Claim
In most cases, you have three years from the date of the allergic reaction to start a claim for compensation. However, there are exceptions:
- If you are under 18 – The three-year time limit doesn’t start until your 18th birthday. A parent or guardian can claim on your behalf before then.
- If you lack mental capacity – There is no time limit unless you recover sufficiently to make a claim yourself.
It’s always better to start the process early while the evidence is still fresh and easy to collect.
How To Prevent Future Allergic Reactions When Eating Out
If you have food allergies, there are several steps you can take to stay safe when eating at restaurants:
- Research beforehand – Check the restaurant’s website for allergen menus or reviews mentioning allergy safety.
- Tell staff clearly – Inform your waiter or server about your allergy before ordering. Don’t assume they already know.
- Double-check your meal – Confirm with staff before eating that your order was prepared without allergens.
- Carry medication – If you’ve been prescribed antihistamines or an adrenaline auto-injector (like an EpiPen), keep it with you.
- Be cautious with new dishes – Avoid buffets or dishes where ingredients aren’t clearly listed.
- Keep documentation – Some people carry allergy cards that list their allergens in writing. This helps avoid misunderstandings.
Taking these steps can’t guarantee complete safety, but they can greatly reduce the risk of a reaction.
When To Seek Legal Advice
If you suspect that your allergic reaction was caused by a restaurant’s carelessness, it’s worth seeking legal advice. A qualified solicitor can help you:
- Assess whether the restaurant acted negligently.
- Gather and organise evidence for your claim.
- Estimate the potential value of your compensation.
- Handle correspondence with the restaurant or their insurers.
Most personal injury solicitors in the UK offer No Win, No Fee arrangements, meaning you only pay legal fees if your claim is successful.
Final Thoughts
Experiencing an allergic reaction after eating at a restaurant is not just distressing — it can be life-threatening. Every customer in the UK has the right to safe food and accurate allergen information.
If a restaurant fails in its duty to protect you, the law gives you the power to hold them accountable. Whether your reaction was mild or severe, you deserve to understand your rights and, where appropriate, seek compensation for what you’ve been through.
Above all, stay informed, communicate your allergies clearly, and never hesitate to take action when your safety is compromised.
In summary:
- You have a legal right to allergen information when dining out.
- Restaurants can be held liable for negligence under UK law.
- You can claim compensation if you prove their breach caused your reaction.
- The usual time limit to claim is three years.
- Always seek prompt medical attention and gather evidence.
Being aware of your rights not only protects you but also encourages better food safety standards across the UK hospitality industry.