Fined Twice: The Takeaway that Kept Getting Allergens Wrong
Quick Answer: Can You Claim If a Takeaway Gets Your Allergens Wrong?
Yes. If a takeaway provides incorrect allergen information and you suffer an allergic reaction as a result, you may be entitled to compensation. Under the Food Information Regulations 2014, every food business must give accurate allergen information to customers who ask for it. Fines for breaching these rules are unlimited — and as one takeaway in West Sussex has now discovered, a first prosecution doesn’t always change behaviour.
Typical takeaway allergy compensation: £1,500–£3,500+ depending on severity | Timeline: 2–6 months | 99% settle without court | No Win No Fee
You’d think getting prosecuted once would be enough to make a food business take allergens seriously.
You’d be wrong.
A takeaway in Crawley, West Sussex, has just been fined for the second time for giving customers incorrect allergen information — and for misdescribing the meat in its doner kebabs. The same business. The same director. The same offences. Two years apart.
What Happened at the Crawley Takeaway?
As reported by the Sussex Express, West Sussex County Council’s Trading Standards service first prosecuted the takeaway and its director and manager on 4 April 2024 at Crawley Magistrates’ Court. The charges? Supplying unsafe food by providing incorrect allergen information and misdescribing a lamb doner kebab that turned out to be a mixed-meat product primarily containing beef.
Then Trading Standards went back to check whether the business had cleaned up its act. It hadn’t.
On 26 February 2026, the company, its director, and its manager all appeared in court again and entered guilty pleas. Each individual was ordered to pay a £146 fine, a £58 victim surcharge, and £500 in costs — totalling £704 per person. The company itself was fined £1,000 with a £400 victim surcharge, bringing its bill to £1,400.
Total penalties across all three defendants: £2,808.
“When a food business gets prosecuted and then carries on doing exactly the same thing, that tells you everything about how seriously they take their customers’ safety. The fines might feel small — but the legal principle is enormous.”
— Chris Carter, Managing Solicitor
Why Does a Repeat Prosecution Matter for Allergy Claims?
Criminal prosecutions and civil compensation claims are two separate things. West Sussex County Council brought the criminal case — but if a customer suffered an allergic reaction because of this takeaway’s failures, they could bring a separate compensation claim entirely independently of the prosecution.
And here’s the part most people don’t realise: a criminal conviction makes the civil claim significantly stronger. If a court has already found the business guilty of providing incorrect allergen information, that’s powerful evidence of negligence.
The Scale of the Problem
An estimated 2 million people in the UK are living with a diagnosed food allergy. The Food Standards Agency issues allergen alerts almost every week — and Trading Standards teams across the country continue to find businesses failing to provide accurate information.
West Sussex County Council alone has prosecuted multiple takeaways for allergen failures in recent years, with total penalties ranging from £2,800 to over £10,000.
What Does the Law Say About Takeaway Allergen Information?
The law is clear. Under the Food Information Regulations 2014, every food business — including takeaways — must provide accurate information about the 14 major allergens to any customer who asks. Under the Food Safety Act 1990, selling food that isn’t of the nature, substance, or quality demanded is a criminal offence with unlimited fines.
Misdescribing a product — calling something lamb when it’s actually beef — is a separate offence under the same legislation. For someone with a beef allergy or a religious dietary requirement, that kind of misdescription isn’t just dishonest. It’s dangerous.
“People with food allergies aren’t being difficult when they ask what’s in their meal. They’re trying to stay safe. When a business lies about what’s in the food — or just doesn’t bother checking — the consequences can be life-threatening.”
— Chris Carter, Managing Solicitor
⚠️ Had an Allergic Reaction at a Takeaway? Act Quickly
✓ Seek medical attention immediately — even if symptoms seem mild at first
✓ Keep any leftover food and packaging — this is critical evidence
✓ Photograph the food, the menu, and any allergen information provided
✓ Report the incident to your local council’s Trading Standards or environmental health team
✓ Don’t delay: CCTV footage is often overwritten within days — speed matters
You have three years from the date of the incident to bring a compensation claim. But the strongest claims are the ones where evidence was preserved early.
✅ Your Rights If a Takeaway Gets Your Allergens Wrong
✓ Takeaways must provide accurate allergen information for all 14 major allergens — failure is a criminal offence with unlimited fines
✓ You can claim compensation separately from any criminal prosecution the council brings
✓ A criminal conviction strengthens your civil claim — it’s evidence of negligence
✓ You don’t need to have been hospitalised — any allergic reaction caused by negligence may qualify
✓ Claims are handled on a No Win No Fee basis — you pay nothing unless your claim succeeds
🔗 Related Guides from Carter & Carter
Takeaway Allergy Claims — Your Legal Options
Can I Sue for an Allergic Reaction?
Restaurant Allergy Compensation Claims
Had an allergic reaction after a takeaway got your order wrong?
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