By Danielle Graves. Last Updated 20th January 2023. Eating out with friends or family at a gastropub should be an enjoyable experience. However, if you have a food allergy, the risk of suffering a reaction because you unknowingly ate food that you are allergic to may always be a worry that is at the back of your mind. If you have experienced a gastropub food allergic reaction because the restaurant acted negligently you may be eligible to claim compensation for your injuries.
To see if you have grounds to make a claim following an allergic reaction after eating gastropub food, call Legal Helpline’s personal injury claims helpline today. An advisor will speak to you in-depth about your experience and will be more than happy to answer any questions you may have with regards to your potential claim. If we can see that you have legitimate grounds to claim compensation, we will provide you with a No Win No Fee solicitor from our expert panel to handle your claim.
Select A Section
- A Guide To Claiming For A Gastropub Restaurant Allergic Reaction
- What Are Pub Food Allergic Reactions?
- What Legal Rights Do I Have When Dining In A Pub?
- Top 10 Pub Food Chains
- Should You Inform The Pub You Have A Food Allergy?
- Do You Have The Right To Ask For An Allergen To Be Left Out Of A Meal?
- Food Allergy Claim – How Long You Have To Claim
- Examples Of The Most Common Food Allergy Causes
- Calculating Compensation For A Gastropub Allergic Reaction
- No Win No Fee Claims For Pub Food Restaurant Allergic Reactions
- Our Team Are Here To Help
- Supporting Resources
A gastropub is a popular term for a pub which also serves high-quality food and has a standard of service normally found in restaurants. In the UK, gastropubs and other establishments that serve food have to abide by regulations and government guidelines to ensure that the food they serve is safe for consumption.
Although people who have food allergies are responsible for managing their condition, restaurants are obliged to follow government guidelines to protect customers with allergies and help them make informed decisions about what to eat. If the gastropub fails to uphold their duty of care towards you, causing an allergic reaction, they may be held liable.
In this guide, we will explain under what circumstances you would be eligible to claim compensation for an allergic reaction after eating pub food. We will also advise you on how the compensation claims process works and will also provide you with an idea of how much compensation you could be eligible to claim. To begin your claim for an allergic reaction to food in a gastropub, call Legal Helpline today. Or for more information, keep reading this guide.
An allergy is a medical condition where a substance that is harmless to most people is mistakenly seen as a threat by the body’s immune system. To defend the body against the perceived threat, the immune system releases chemicals including histamines. These chemicals cause an allergic reaction.
There are three different types of allergic reactions.
- An IgE food allergy occurs when the body produces an IgE antibody. IgE food allergies are the most common type of allergic reaction. The effects of this type of food allergy can be seen almost immediately.
- A non-IgE mediated food allergy is when an allergic reaction is a reaction which is not caused by the IgE antibody. The effects of this reaction can take place after several hours. They are harder for doctors to diagnose.
- Mixed food allergies are a result of IgE antibodies and chemicals that trigger non-IgE mediated food allergies.
Allergy sufferers can experience all types of allergic reactions, from trivial sneezing to life-threatening shocks. The majority of people who have allergic reactions experience mild to moderate allergic reactions. The symptoms of a mild to moderate allergic reaction can include the following:
- A burning sensation in the ears, throat and around the mouth.
- Gastrointestinal problems such as nausea and vomiting.
- Urticaria (also known as hives) which is a raised red, itchy rash.
- Angioedema, which is a swelling of the face that can affect the lips, around the eyes, the roof of the mouth and the tongue.
You can learn more about allergic reactions in this NHS guide to food allergies.
Explaining The Symptoms Of Anaphylaxis
A small percentage of allergy sufferers will experience an anaphylaxis reaction, which is sometimes referred to as an anaphylactic shock. This is a severe allergic reaction. When a patient experiences an anaphylaxis reaction they will display symptoms such as:
- Feelings of faintness or lightheadedness.
- The person appears to be confused and anxious.
- The heartbeat increases.
- The skin becomes clammy.
- The person experiences difficulty breathing. They may become wheezy and/or the breathing may become very shallow.
- The person may become unconscious.
- They may also experience the same symptoms listed above.
Anaphylaxis is a medical emergency which can result in the patient dying or slipping into a coma from which they may never wake up. If you believe that you or another person is suffering from anaphylaxis, dial 999 for an ambulance. This NHS guide to anaphylaxis reactions also has information about how to provide immediate help for the victim.
There are regulations in the United Kingdom that protect customers who suffer from food allergies. These include EU Directives which are applied in the UK and Acts of Parliament. We will now look at what these are in more detail below.
Article 28 of EC Regulation 178/2002 (General Food Law Regulation)
Article 28 of EC Regulation 178/2002 (General Food Law Regulation) states that decisions made on novel foods, food allergens and nutrition should be overseen by a permanent panel of scientific experts. These experts are known as The Scientific Committee.
Article 14 of EC Regulation 178/2002 (General Food Law Regulation)
Article 14 of EC Regulation 178/2002 (General Food Law Regulation) states that food that is unsafe must not be served. Food that is harmful to allergy sufferers is not unsafe to the majority of the population. Therefore there need to be additional regulations to protect allergy sufferers in particular.
Section 15 Of The Food Safety Act 1990
It is an offence to misrepresent the contents of food or the quality of the food which is on the market for sale. This can include the food being misrepresented in advertising, on the packaging or on a menu at a restaurant.
Section 14 Of The Food Safety Act 1990
It is an offence in the UK to sell food that is not as described. Therefore if a customer eats food which is not as described and this leads to them suffering an allergic reaction, they may be eligible to claim compensation.
Some gastropubs are independent. However, a lot are owed by larger pub chains. Here are the top 10 pub chains in the UK.
- EI Group PLC
- Mitchells & Butlers PLC
- Admiral Taverns
- J.D. Wetherspoons
- Wellington Pub Company
- New River Retail
- Trust Inns
- Young & Co’s Brewery
If you have suffered a pub food restaurant allergic reaction, you may wonder if your right to claim compensation might be affected by whether or not you informed the restaurant of your allergies.
If dishes contain one of 14 ingredients that commonly cause allergic reactions, an allergy warning should be printed on the packaging or the menu. Restaurants that have been informed of a customer’s allergies are supposed to warn the customer too if they order food that is not suitable for them.
However, if you suffered an allergic reaction in a gastropub because adequate food allergy info was not displayed or wasn’t given by staff, you could be able to pursue a claim.
If you believe you may be eligible to claim compensation for your gastropub food allergic reaction case, you can call our hotline and an advisor will be happy to answer any questions you may have.
If you are allergic to a specific ingredient you can ask for that ingredient to be removed from your meal. Government guidelines on pub and restaurant allergies state that restaurants and pubs should comply with your request if it’s possible for them to do so. However, they have the right to refuse any requests made.
What May Happen If The Pub Still Serves Food With Allergens In?
If the pub ignores your request or negligently includes the allergen and you suffer an allergic reaction, they could be held liable for any resulting injuries that you suffer.
If you inform staff at a gastropub that you have a food allergy and ask for an ingredient to be removed, what happens if the food has already been prepared and the ingredient cannot be removed? For example, you are allergic to an ingredient in the sauce that has already been made.
In such cases, the restaurant must warn you that the menu item you have ordered is dangerous for someone with your condition and suggest a suitable alternative. Failing to advise you is classed as a “failure to warn” which is a form of negligence. If you suffer a pub food restaurant allergic reaction due to their failure to warn you about harmful ingredients, the pub could be held liable for your injuries and you may have the right to claim compensation.
If you suffered an allergic reaction from eating gastropub food and would like to claim, you must typically start the legal process within the three-year time limit. This is set by the Limitation Act 1980.
However, certain circumstances create a time limit suspension. These include:
- Children cannot start a food allergy claim until their 18th Once they turn 18, the time limit starts, giving them three years to start their claim. However, a litigation friend could be appointed at any time before this point, during the suspension, to start a claim on their behalf.
- The time limit is suspended indefinitely for someone who lacks the mental capacity to start a claim for food poisoning. A litigation friend can start a claim on their behalf. However, should the person regain capacity, the three-year time limit starts on that date.
Free legal advice is available from our advisors. You can get in touch 24/7 with any questions you may have about time limits or claiming on someone else’s behalf as a litigation friend. Our advisors can even help you start your claim today.
Restaurants must take care when preparing food which can cause allergies. Foods that can trigger allergic reactions can include the following:
- Tree nuts which can include cashew nuts, hazelnuts and brazil nuts.
- Sesame and sesame seeds which can be found in sauces and cooking oil.
- Molluscs which can include mussels and whelks.
- Seafood which can include fish, shellfish and crustaceans such as lobster and crab.
- Dairy products such as milk and eggs.
- Soya and soy products which can be found in a lot of vegan foods.
If your compensation claim is a success your payout may include two heads of claim. These heads of claim are known as general damages and special damages. General damages are intended to compensate you for the suffering, the impact on your life and the physical pain caused by your injuries. A special damages payout will seek to reimburse you for any expenses caused by your injuries, including medical and travel expenses.
If you have suffered an allergic reaction after eating pub food, why not check out our table below? We’ve opted to include this instead of a personal injury claims calculator as such tools can produce misleading results. . The compensation amounts we have quoted in our table are based on guidelines set by the Judicial College.
Type Of Illness / Injury Comments On The Injury Compensation
Toxicosis which is severe A severe reaction could cause longer term effects. This could cause a variety of lasting effects for the claimant. £38,430 to
Illness (such as poisoning) which is serious but short lasting Severe initial reactions which are short-lived. Hospitalisation may be required. £9,540 to
Illness (such as Poisoning) which could cause a significant form of discomfort A serious reaction but one that does not last in the long-term. Full recovery should be made. £3,950 to
Mental Anguish Where the claimant has a genuine fear of the end of life. £4,670
We appreciate you may want a more specific valuation. If so, you can call us and speak to one of our expert advisors who can give you a personalised compensation quote based on the circumstances of your accident.
Compensation Through Special Damages
Suffering a gastropub food allergic reaction can have a negative impact on your finances as well as your health. As mentioned above, you can also claim special damages to pay you back for any money lost as a result of your injuries.
Special damages that can be claimed for an allergic reaction after eating pub food can include care expenses, medical expenses, transportation expenses and funds to reimburse the injured person for any income they lost if they had to take sick leave from work.
Some people are put off making a personal injury claim, believing they have to pay an upfront solicitors fee in order to claim. If that’s a concern of yours, do not worry. We offer all of our clients a No Win No Fee claims option.
What does a No Win No Fee claim mean? You will enter into a Conditional Fee Agreement with your solicitor which means that you will not be charged any fees unless your claim is successful. This means the solicitor will take on the financial risk for your claim, not you.
If you win your claim, your fee will be taken from your gastropub allergic reaction compensation package at a rate that is capped by law. This means that you don’t have to worry about finding the funds for an upfront fee, nor any ongoing fees.
Call Legal Helpline today to speak to an advisor about the benefits of making a No Win No Fee claim.
If you wish to claim compensation for a gastropub food allergic reaction, Legal Helpline can help you. Get in touch with us via the following methods to take advantage of our free legal advice and support. If we can see you have a good case, we can connect you with our panel of expert solicitors the same day.
- Call our accident and injury claims hotline on 0161 6969 685
- Use our online enquiry form to reach us.
- Send us a message via our Live Chat feature, bottom right.
We hope you have found our guide to claiming compensation for a gastropub restaurant allergic reaction useful. You may also find these guides helpful to read.
Guide by HE
Edited by REG