You’re not overreacting. And no, it doesn’t matter that you didn’t call an ambulance.
If a food business served you gluten after you told them, or a gluten free label was wrong, here is what to do now, and your rights. Ill right now? A severe reaction: call 999. Not sure: call NHS 111.
Then, over the next few days: see your GP, write down what happened, and keep your receipt or bank statement.
Example: if your claim settles for £3,000 before court proceedings are issued, you keep £2,700.
Carter and Carter Solicitors has two senior solicitors, Chris Carter and David Healey, and one of them runs every claim personally.
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If the business has offered you a refund, vouchers or a free meal, ring before you accept. The call is free, and we will tell you whether we can take your claim on.
Prefer us to ring you? Ask us to call you back
The claim is against the business, not the staff, and its insurer usually pays.
Find your question
Tap a question to go straight to its answer. Every gluten guide is listed after the questions.
The first 24 hours: what to do right now
Your health first. Then get it on your medical record, write down what happened and keep what you have.
- 1Look after yourself first. A severe reaction: call 999 or go to A&E. Not sure: call NHS 111. Manageable: rest, drink fluids and manage your symptoms. If symptoms get worse or have not settled after a few days, contact your GP or NHS 111. Everything else can wait.
- 2See your GP within a few days, ideally within 48 hours, so the reaction is on your medical record.
- 3Write down what happened while it is fresh: what you ate, where, what you were told, who you told, and when symptoms started.
- 4Save everything: the receipt or bank statement, order or booking confirmation, photos, packaging and labels.
- 5Note who was with you, and anyone who heard you mention gluten. A partner counts.
- 6Accept nothing in settlement yet. “Thank you, I need to think about this” is enough.
1.1 What should I do straight after a gluten reaction?
Look after your health first. Then see your GP within a few days, write down what happened, keep your receipt or bank statement, and note who was with you.
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You are probably feeling awful. Maybe you are still mid-reaction, maybe you are a day in and wondering what to do. The steps above are what matter. You do not need to do them all today, apart from looking after yourself.
If the business offers vouchers, a refund or a “goodwill” payment, you do not have to accept or refuse straight away. Do not sign anything described as a full and final settlement.
1.2 Do I need to see my GP?
It helps a great deal. A GP visit within a few days puts the reaction on your medical record, and links your symptoms to the meal and your coeliac diagnosis.
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What matters is getting three things on your record: what you were exposed to, when it happened, and that your symptoms fit your coeliac disease or intolerance. Tell your GP:
- 1What you ate, and that it contained gluten.
- 2Where and when it happened.
- 3Your symptoms and when they started.
- 4Your existing diagnosis, so the two can be linked.
The longer the gap between the reaction and a medical record, the easier it is for an insurer to argue it could have been something else. A few days is usually fine. A few weeks makes it harder.
1.3 Should I post about it on social media?
Better to wait. Insurers look at public posts, and an innocent comment can be used to argue you were partly to blame.
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We know you may be angry. But something as innocent as “I probably should have double-checked” could be used to argue you were partly to blame, which can reduce compensation. Save it for after.
The first week: building your evidence
If you do nothing else, see your GP and start a symptom diary.
Links your symptoms to the meal. Give your GP the details while they are fresh.
A day-by-day record of how the reaction affected you. Often one of the most useful pieces of evidence.
Texts, emails, booking confirmations and online orders. Don’t delete anything from your phone.
Anyone who heard you say you needed gluten free food. Get names and numbers now.
2.1 What should go in a symptom diary?
Day by day: how you feel, what you could not do, any work missed and any plans cancelled. It shows how the reaction really affected you.
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Write it as if you were explaining to someone who does not understand coeliac disease, because that is exactly what an insurer will be. In our experience, a symptom diary is one of the most useful things you can give us.
2.2 What losses should I keep a record of?
Time off work, prescriptions, travel to medical appointments, childcare if you were too ill to manage, and plans you had already paid for.
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For time off work, ask your employer for a note confirming the dates and what you lost. Keep receipts where you can. If you do not have them, tell us what you lost and we will work out how to show it.
2.3 Do I need my coeliac diagnosis records?
They help. Your original diagnosis, recent blood tests and consultant letters show that gluten genuinely harms you.
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They answer any suggestion that this was a preference rather than a medical need. If you have gluten intolerance rather than coeliac disease, your GP records do the same job. Our guide to gluten allergy explained sets out the differences.
2.4 Should I contact the business myself?
You can leave all contact to us. If you do tell them, keep it short and factual, ask them to keep their records, and accept nothing in settlement.
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Whatever you say can be quoted back to you. A well-meaning email saying “I know your staff tried their best”, or “maybe I should have checked more carefully”, could be used to argue there was no negligence, or that you were partly to blame.
If you want to tell them, say what you ate, when, that you had told them you needed gluten free food, and that you were ill. Do not sign an incident form or anything else without advice. “I’ll need to take this away and read it” is perfectly reasonable. Once you instruct us, we deal with the business and its insurer.
Reporting what happened, and why it helps
Reporting is separate from claiming, and you can do both. A report creates an independent record.
At the local council where the business is. A report can lead to an inspection and creates a formal record.
Report online. The agency passes your report to the right council.
If food was labelled gluten free and was not, Trading Standards can look into the labelling. You reach them through the Citizens Advice consumer helpline.
If the business holds Coeliac UK gluten free accreditation, tell them what happened.
3.1 Should I report the business?
It is optional, but we recommend it. A report to the local council’s Environmental Health team creates an independent record, and may protect the next person with coeliac disease.
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You can report to Environmental Health at the council where the business is, or through the Food Standards Agency website, which passes reports to the right council. If the problem was a gluten free label that was wrong, Trading Standards can look into the labelling.
3.2 Does reporting to Environmental Health affect my claim?
It helps. Reporting and claiming are separate, and one does not delay the other. If Environmental Health finds failures in the allergen procedures, that supports your claim.
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A report is independent of you and of your solicitor, which is what makes it useful. If you are not sure whether to report, ring 0800 652 0586 and we will talk you through both.
You didn’t go to hospital? That’s normal
Most people with coeliac disease don’t go to A&E after being glutened. Not going to hospital does not stop you claiming.
4.1 Can I claim if I didn’t go to hospital?
Yes. What matters is showing that the business got it wrong and that you were ill as a result, not whether an ambulance was called.
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- 1A GP visit within a few days, so there is a medical record.
- 2Your symptom diary, showing how long it lasted and how it affected you.
- 3Your existing diagnosis.
- 4Anything showing you told them before you ate.
We regularly act for people who never went to hospital. A coeliac reaction that floors you for a week is a real injury, and it can be compensated.
4.2 Can I still claim if I managed the reaction at home?
Often yes. It is harder without any medical record, but a GP visit even a few days later still helps.
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A short consultation recording your symptoms and linking them to the meal makes a real difference. If you genuinely could not see a GP, ring 0800 652 0586 and we will tell you whether we can take your claim on.
4.3 My reaction didn’t start until the next day. Can I still claim?
Yes. Coeliac reactions are often delayed by hours or even days. That is expected, and it does not stop you claiming.
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Your medical records and your own account set out the timeline: what you ate, when, and when your symptoms started. The delay is normal, and we work with it, not against it.
4.4 Do I need to prove I told them about my gluten free needs?
It helps, but it need not be in writing. Booking notes, messages, people who were with you and the business’s own allergen records can all show it, and a clear account backed by a witness can be enough.
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If you said it when booking, to the person who took your order, or asked for the gluten free menu, that is usually enough. If the business says you never told them, our guide to gluten allergy restaurant claims goes through how that defence is answered. The same applies at a hotel breakfast or buffet: if you told the staff, or a gluten free label on the buffet was wrong.
4.5 I didn’t keep the receipt or take photos. Have I lost my chance?
No. A bank or card statement shows where and when you paid, and online orders and bookings leave their own record.
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Evidence comes from more places than you might think. Booking confirmations often record allergy information, and many businesses keep their own allergen records, which we can ask for. Don’t assume you have nothing.
Your legal rights, the time limit and what it costs
If you told them and they got it wrong, they are usually responsible. The time limit is usually three years from the date of the incident.
Nothing to pay if your claim fails.
Under our agreement there are just two exceptions, set out here and before you sign:
- 1You turn down an offer we advised you in writing to accept, and the court then awards you no more than it.
Whether to accept an offer is always your decision. We explain the risk, and what it could cost, in writing first. - 2A court finds you were dishonest about something central to your claim.
Neither exception has ever happened to one of our clients since 2007.
5.1 Can I claim compensation for being served gluten?
Usually yes. If a food business in England or Wales was told you needed gluten free food, or its gluten free label was wrong, and you were ill because of the gluten, it is usually responsible.
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Under the Food Information Regulations 2014, food businesses must give you accurate information about the 14 major allergens, including gluten, whether the food is pre-packed, sold loose or served as a meal. In Wales, the Food Information (Wales) Regulations 2014 apply. Since October 2021, Natasha’s Law, and the matching rules in Wales, has also required food packed on the premises before you order it to carry a full ingredients list.
You do not need to have asked three times. A food business owes its customers a duty to take reasonable care, and serving gluten to someone who has said they need gluten free food will usually be a failure of that duty, as long as the gluten caused your illness. For restaurant claims in detail, see gluten allergy restaurant claims.
5.2 How much is a gluten claim worth if I didn’t go to hospital?
Typically £1,500 to £5,000 before our fee for the illness itself, depending on how long your symptoms lasted, not on whether you went to hospital. Lost earnings and expenses are added on top.
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In our experience most gluten claims settle at the lower end, between £1,500 and £3,500 before our fee. Vouchers and goodwill payments are usually a small fraction of that. Our gluten poisoning claims guide shows how the figures work for different lengths of illness.
5.3 How long do I have to claim for a gluten reaction?
Usually three years from the date of the incident. We don’t usually take on a new claim close to that deadline, so ring early.
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The three years come from the Limitation Act 1980. There are some exceptions. Evidence is easiest to get early: GP records, memories and the business’s records all become harder to obtain over time. Why we don’t take claims close to the time limit.
5.4 What does it cost to find out where I stand?
Nothing. If we take your claim on, it is no win no fee: nothing to pay if your claim fails, except in two situations set out in your agreement, and 10% of your compensation, VAT included, if your claim settles before court proceedings are issued, or 25% if proceedings are issued.
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Both figures include VAT. Why 10%? Most of our claims settle without going to court, so there is less work to pay for. And with just two of us running the firm, our costs are low. So we do not need to take 25%. In our experience most firms take 25%. See the worked example on our gluten poisoning claims guide, and what no win no fee solicitors take.
5.5 What if I was glutened at a wedding, party or work function?
You may still have a claim. A caterer or venue that provides the food owes you the same duty to take reasonable care.
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If the caterer or venue was told you needed gluten free food and still served you gluten, it will usually be responsible. A friend or family member hosting at home is different. Ring 0800 652 0586 and we will tell you whether we can take your claim on. The evidence is the same: that you told them, that you reacted, and your medical records.
5.6 Do I need a local solicitor for a gluten claim?
No. Carter and Carter Solicitors acts for people across England and Wales, wherever they live, by phone, email and post, so you never need to visit.
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Chris or David deals with your claim personally, and you have your solicitor’s direct line and email. If a medical report is needed, it is usually a short video appointment with an independent GP.
Gluten poisoning claims: the rest of the guide
This page covers the first days after a reaction. Our gluten poisoning claims guide is the main page, with what claims are worth and our fee in pounds.
Why people choose Carter and Carter Solicitors
Example: on £3,000 settled before court proceedings are issued, our fee is £300 and you keep £2,700.
See for yourself: our fee, explained
You speak to Chris or David, the two solicitors who run every claim.
See for yourself: Chris and David, and the SRA register
We have acted for people up and down England and Wales since 2007. Everything is done by phone, email and post, so you never need to visit.
See for yourself: what our clients say
We know gluten claims and the answers businesses usually give, including “they didn’t tell us clearly enough”.
See for yourself: what our clients say
That is why you get a senior solicitor on your claim and a fee of 10% before court proceedings are issued.
A free call is not a sales call.
See for yourself: what our clients say
You can claim directly from the business’s insurer without a solicitor. If your illness was mild and the business quickly accepts it was at fault, handling a small claim yourself can be sensible. The cost of going it alone is time, and the insurer knows what claims are worth when you may not. A free call tells you which route makes sense, and we will say so if you do not need us.
What happens when you call
A free, friendly conversation. Nothing to sign, nothing to pay.
Managing Solicitor, qualified 1993
Senior Solicitor, qualified 2005
- 1You speak to Chris or David, not a call centre.
- 2We ask what happened: where you ate, what you told them or what the menu said, and how it affected you.
- 3Have the receipt, any photos and your medical record to hand if you can. You don’t need any documents to ring.
- 4We tell you honestly whether we can take your claim on and what you would keep, including if we think you should not claim.
- 5No obligation. If you go ahead, there is a short questionnaire, and one of us deals with your claim from there. If we cannot help, we say so.
Five quick checks: claims we can look at
If a food business served you gluten after you told them, you should not be brushed off with a refund or vouchers.
Chris Carter and David Healey, the two senior solicitors who run every claim.
Whether you claim is your decision. The call just tells you where you stand.
Prefer us to call you?
Leave your name and number and one of us will call you back. No medical details are needed to start.
Chris Carter: 01663 761891 · David Healey: 01663 761892 · Email: chris@candcsolicitors.co.uk or dhealey@candcsolicitors.co.uk
You’re in Safe Hands. That’s Our Promise.
Carter & Carter Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 449466). Registered in England and Wales, company number 06002212.
About Carter and Carter Solicitors
David Healey, Senior Solicitor, qualified as a solicitor in 2005 and has only ever done personal injury work. He joined Carter and Carter Solicitors in 2009 and handles many of the firm’s gluten and food allergy claims personally, including claims where the reaction was delayed. Gluten claims are handled by David and by Chris Carter, Managing Solicitor.
Carter & Carter Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 449466).