Food poisoning sends tens of thousands of people to UK hospitals every year and many more to their GPs. Where the illness came from a negligent food business - a restaurant, takeaway, cafe, workplace canteen, supermarket, hotel or holiday resort - you can claim compensation for the illness, the lost earnings, the treatment costs, and the longer-term effects that some pathogens cause.
Food poisoning sends tens of thousands of people to UK hospitals every year and many more to their GPs. Where the illness came from a negligent food business - a restaurant, takeaway, cafe, workplace canteen, supermarket, hotel or holiday resort - you can claim compensation for the illness, the lost earnings, the treatment costs, and the longer-term effects that some pathogens cause.
This page explains how UK food poisoning claims work: the stool-test evidence that drives them, the most common pathogens and how incubation times help identify the source, the legal framework, and what compensation looks like. Every case is handled on a no win, no fee basis.
The critical evidence - a stool test
The single most important thing for a food poisoning claim is a microbiological diagnosis - a stool sample tested by your GP or hospital laboratory for the specific pathogen. Without it, claims are much harder; with it, the causation chain (pathogen to venue) is clean.
Key points:
- Get the test early - ideally while you are still symptomatic. Samples should be submitted to your GP within a few days of symptom onset.
Positive stool tests are reported by labs to the UK Health Security Agency (UKHSA). Where outbreaks are identified, the FSA and local environmental health authorities investigate - their reports become powerful evidence in the claim.
The main food-poisoning pathogens - and what they tell you about the source
Campylobacter - The most common cause of UK food poisoning. Typically associated with undercooked chicken, unpasteurised milk, poultry-contaminated surfaces. Incubation 2-5 days (sometimes up to 10). Symptoms: severe abdominal pain, diarrhoea (often bloody), fever. A small fraction of cases develop long-term complications (Guillain-Barré syndrome, irritable bowel syndrome, reactive arthritis).
Salmonella - Meat, poultry, eggs, unpasteurised milk. Incubation 12-72 hours. Symptoms: diarrhoea, vomiting, high fever, cramps.
E. coli (particularly O157) - Undercooked beef, unpasteurised dairy, contaminated vegetables. Incubation 3-8 days. Symptoms: severe bloody diarrhoea. Serious complication - haemolytic uraemic syndrome (HUS) - can cause kidney failure, particularly in children. High-value claims in severe cases.
Giardia - Contaminated water, food, surfaces. Incubation 1-2 weeks. Prolonged illness - diarrhoea can last weeks; chronic malabsorption consequences in some cases.
Norovirus - Highly contagious; often spread in cruise ships, buffet venues, schools, care homes. Incubation 12-48 hours. Short sharp illness (1-3 days) with severe vomiting and diarrhoea.
Listeria - Unpasteurised dairy, ready-to-eat meats, smoked fish. Incubation variable (days to weeks). Serious in pregnant women, older adults, immunocompromised - meningitis, septicaemia, miscarriage risk. Low volume but high value.
Shigella - Typically spread person-to-person or via contaminated food. Incubation 1-2 days. Acute diarrhoea, fever.
Cryptosporidium - Water, unwashed produce. Prolonged watery diarrhoea. Common outbreak pathogen in swimming-pool contexts.
Incubation windows help identify the likely source - if you ate out three days before symptoms started and the test shows Salmonella (12-72 hour incubation), that meal is the likely source.
Where you can claim from - venue types
Restaurants and pubs - Breach of Food Safety Act 1990 duties, Food Hygiene (England) Regulations 2006, or common-law negligence. Where environmental health finds breaches during follow-up inspection, the claim is strong.
Takeaways - Same framework. Takeaway food poisoning claims are frequent, often involving poor temperature control, cross-contamination, or inadequate cooking.
Cafés and fast-food chains - Large-chain claims typically handled by the chain's insurer.
Supermarkets and retailers - Contaminated packaged food - ready meals, sandwiches, cooked meats, dairy. Product liability under the Consumer Protection Act 1987 often also applies. See supermarket accident claims.
Workplace canteens - Claim against the canteen operator; sometimes against the employer where they contracted the catering.
Hotels - UK and abroad - UK hotels: standard claim. Abroad under a package holiday: claim against the UK tour operator under the Package Travel Regulations 2018 - see holiday accidents.
Events, weddings, conferences - Catering provider liable; sometimes venue operator also.
School and nursery catering - Claim against the catering provider; local authority / academy trust may also be involved. See school accident claims.
Legal framework
Food poisoning claims typically run under three overlapping routes:
- Common-law negligence - venue owed a duty of care in preparing food, breached it, and caused illness.
Statutory duties on food businesses under the Food Safety Act 1990 and the Food Hygiene (England) Regulations 2006 set the compliance benchmark. A 5-star food hygiene rating doesn't prevent a claim; a 0- or 1-star rating is powerful supporting evidence.
Mass outbreaks - multi-claimant framework
Where many diners have been affected by the same outbreak, multi-claimant coordination is common. UK Health Security Agency (UKHSA) investigates notifiable diseases; the Food Standards Agency and local environmental health teams investigate food-business breaches. These investigations produce reports that claimants use as evidence.
What to do if you think you have food poisoning
- Seek medical attention. GP for stool test and symptom management; A&E if severe.
How much compensation could you receive?
- Severe toxicosis causing acute symptoms: ~£38,430 - £52,550
Higher figures apply for long-term consequences:
- Persistent IBS following Campylobacter or Salmonella - often adds £5,000-£25,000.
Typical settlement ranges: £1,500-£5,000 for mild; £5,000-£25,000 for moderate; £25,000+ for severe. See how much compensation.
Funding - no win, no fee
Every food poisoning claim we handle runs on a Conditional Fee Agreement. See no win no fee explained.
Time limits
Three years from the illness or date of knowledge under the Limitation Act 1980. For children, three years from their 18th birthday. See time limits.
