Old Trafford Cafe Fined Over £10,000 After Serving Gluten to Officer Who Declared Allergy (They Were Told Twice)
Can I claim compensation if a restaurant serves me food I’m allergic to?
By Chris Carter, Managing Solicitor · Carter & Carter Solicitors · 27 February 2026
Quick Answer: Can You Claim If a Restaurant Ignores Your Allergy?
Yes. If you tell a restaurant about your food allergy and they serve you food containing that allergen, they may be liable for any harm you suffer. Restaurants have a legal duty under the Food Safety Act 1990 and the EU Food Information Regulations 2014 to provide accurate allergen information. Fines for breaching these rules are unlimited.
Typical allergy compensation: £1,500–£3500+ depending on severity | Timeline: 3–12 months | 99% settle without court | No Win No Fee
Imagine telling a restaurant you’re allergic to gluten. Clearly. Directly. To their face.
Now imagine they serve you a burger containing gluten anyway. And the person they served it to was an undercover council officer — whose entire job was to test whether the restaurant would follow the law.
That’s exactly what happened at a cafe yards from Old Trafford stadium. And the problems didn’t stop there.
What happened at the Old Trafford cafe?
As reported by Roch Valley Radio, Trafford Council sent environmental health officers to a Cafe on Sir Matt Busby Way in August 2024. They found rat activity in food preparation areas — gnawed potatoes — while the cafe’s own HACCP records falsely claimed the site was pest-free.
The cafe closed voluntarily for eight days. But when undercover officers returned in November 2024, something arguably more dangerous emerged. An officer declared a gluten allergy and was served a burger containing gluten.
Both the cafe and its director, pleaded guilty at Manchester Magistrates’ Court. The company was fined £8,000 plus £1,000 costs.
📊 The Scale of the Problem
Around 2.4 million adults in the UK — roughly 6% of the population — have a clinically confirmed food allergy. The Food Standards Agency and Food Standards Scotland issued 66 Allergy Alerts in 2023/24 alone. Fines for allergen labelling failures under the EU Food Information Regulations 2014 are unlimited.
Councillor Rose Thompson, Trafford Council’s Executive Member for Communities and Safety, confirmed the prosecution sends a clear message that substantial fines await businesses that put people’s health at risk.
Can You Claim Compensation If a Restaurant Ignores Your Allergy? (Even If You Didn’t Need Hospital)
Yes — and you don’t need to have been hospitalised. If you told a restaurant about your allergy and they served you food containing that allergen, they’ve potentially breached the Food Safety Act 1990 and the EU Food Information Regulations 2014. That’s a criminal offence carrying unlimited fines.
But here’s the bit most people don’t realise. A criminal prosecution — like the one Trafford Council brought against the Cafe — is separate from a compensation claim. The prosecution is the council’s. The compensation claim is yours. They run alongside each other, but your right to claim doesn’t depend on whether the council prosecutes.
“These claims aren’t always straightforward — but after handling allergy claims since 2007, we know exactly what evidence wins and what doesn’t.”
What Should You Do After an Allergic Reaction in a Restaurant? (The First 48 Hours Matter Most)
Get medical attention immediately — even if your symptoms seem mild. A medical record created at the time is the single strongest piece of evidence in any allergy compensation claim.
⚠️ Time-Sensitive: Preserve Your Evidence
Within hours: Record what you ordered, keep packaging and receipts, photograph the food and the menu
Within 48 hours: Note the names of any staff you spoke to, report the incident to your local council’s environmental health team
Don’t delay: CCTV footage is often overwritten within days — speed genuinely 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 Restaurant Ignores Your Allergy
✓ Restaurants must provide accurate allergen information — failure is a criminal offence with unlimited fines
✓ You can claim compensation separately from any criminal prosecution the council brings
✓ You have 3 years from the date of the incident to bring your claim
✓ 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
Gluten Poisoning Claims — Can I Claim Compensation?
Restaurant Allergy Claims — Your Legal Options
Can I Sue for an Allergic Reaction?
Gluten Allergy Restaurant Claims
Had an allergic reaction after a restaurant ignored your warning?
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