An allergic reaction, a food poisoning complaint or the council closing your kitchen: the first 24 hours

Greymill AcademyUK5 min readReviewed Oct 202614 primary sourcesUS version

The short answer

What to keep, who to call and what not to say when something goes wrong in the kitchen, and the insurance conditions that decide whether you are covered.

The takeaway. Preserve the dish, records and batch, tell the insurer the same day, admit nothing, and keep duct cleaning and other insurer conditions up to date before you need them.

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Written for owners of restaurants, cafes and coffee shops, pubs and bars, takeaways and delivery kitchens, food trucks and bakeries with seating, anywhere in the UK.

The short version

  1. Keep the dish, the batch and the records.Chill leftovers and a batch sample, pull the batch from sale, and keep that day's records and recipe cards.
  2. Tell your insurer the same day.Call on the first complaint, not when a claim letter arrives. Take the customer's details and admit nothing.
  3. Keep insurer conditions up to date now.Clean extraction ducts as your policy requires, service fryer fire suppression and tell your insurer about changes. A missed duct clean can void fire cover.

A reaction at a table, a customer who says your food made them ill, or an environmental health officer closing the kitchen on a Saturday morning. Each is rare, and each needs the right steps in the first hours, because what you keep and what you say then decides much of what happens later.

A food complaint or suspected food poisoning

  1. Record it.The customer, the dish, the time and the symptoms.
  2. Keep the evidence.Keep leftovers and a sample of the batch chilled, pull the batch from sale, and check that day's records.
  3. Tell the insurer.On the first complaint, not when a claim letter arrives. Do not admit liability.
  4. Watch for recalls.Check FSA alerts every day and quarantine affected lot numbers.
The rule

Temperatures your records should show

In England, Wales and Northern Ireland: chilled food at 8°C or below and hot food held at 63°C or above. Hot food on display may fall below 63°C once, for up to 2 hours; cold food may go above 8°C once, for up to 4 hours. Scotland has no fixed 8°C in law (Food Standards Scotland advises 5°C or below) and reheated food must reach 82°C. As of Oct 2026.

Food Safety and Hygiene (England) Regulations 2013 Sch 4 and equivalents; Food Hygiene (Scotland) Regulations 2006 Sch 4

AvoidTelling the guest 'it must have been the sauce' and binning the rest of the batch at close.
Do this insteadTake their details, keep the leftovers and a batch sample chilled, pull the batch, and leave liability to the insurer.

The batch, the leftovers and that day's records are the evidence you will need later. An admission at the table cannot be taken back.

An allergic reaction

Preserve the dish, the recipe card, the ticket and the supplier's spec sheet. Call the insurer and a food law solicitor the same day, and stop using the ingredient. For example, say your curry house switches to a new almond blend that turns out to contain peanut, and a guest reacts. R v Zaman is the case a prosecutor will cite. Keep your allergen matrix current: dish by dish against the 14 allergens, with the recipe version, supplier product codes, sign-off, date and a change log. If you make and wrap sandwiches on site before customers order them, each one needs a label with the name of the food and a full ingredients list with the allergens emphasised within it. A sticker that only says 'contains: dairy' is not enough.

A hygiene emergency prohibition notice

A hygiene emergency prohibition notice, for example after mice are found in the kitchen, shuts the site at once. Book a pest contractor and a deep clean the same day, get a named, dated quote, and apply for a certificate that the risk has gone so you can reopen. At an assumed £4,000 a day of sales, for example, 3 closed days cost £12,000 before the pest contractor and deep clean.

Keep the insurer on side before anything happens

  • Extraction ducts: insurers commonly require cleaning to BESA TR19 Grease every 3, 6 or 12 months depending on use, with a post-clean report. A missed clean can void fire cover. For example, if the last clean was 14 months before a duct fire against a 6-month condition, cover can be refused or reduced. File every post-clean report with the policy.
  • Fryer suppression serviced, and changes disclosed, such as a late licence or events. You must make a fair presentation of the risk (Insurance Act 2015 s.3).
  • Business interruption: check the indemnity period (12 months is often too short for a fire refit), the gross profit definition, and the disease, denial of access and utility extensions. Read the wording, not the policy title.
  • An espresso machine boiler needs a written scheme of examination (Pressure Systems Safety Regulations 2000).

If a member of staff is hurt and off work for more than 7 days, report it within 15 days under RIDDOR 2013. In restaurants and pubs the council, not the HSE, enforces health and safety. As of Oct 2026.

Asked in Greymill

Example question and answer from Rules & Licensing
You
A customer rang to say our chicken curry last night made them ill. Chef wants to bin the rest of the batch at close. I was going to tell them it was probably the new sauce. Is that OK?
Rules & Licensing
Stop the chef. That batch is your evidence: pull it from sale and keep a sample chilled.

Today, in this order:
1. Record it: the customer's details, the dish, the time and their symptoms.
2. Keep the evidence: any leftovers and a batch sample, chilled, and check last night's records.
3. Tell your insurer: on the first complaint, not when a claim letter arrives.

Don't guess the cause. 'Probably the sauce' can read as admitting liability, and an admission cannot be taken back. Leave liability to the insurer.

Watch for recalls: check FSA (Food Standards Agency) alerts every day and quarantine any affected lot numbers.

While you deal with the kitchen, I can draft the note to your insurer.

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Ask it about your own business

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Your question

I run a restaurant, cafe or bar in the UK. [Describe what happened: the complaint and the dish / the reaction and the ingredient / the notice from the council], on [date] at [time]. My insurer is [name] and my last duct clean was [date]. Tell me what to keep and do today, who to call and in what order, what not to say, and draft the notification to my insurer.

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Sources

The primary sources behind this lesson, checked Oct 2026.

  1. Food Hygiene (Scotland) Regs 2006 Sch 4 (Food safety in the kitchen: temperatures, incidents and records)
  2. Cooking safely, 75 C for 30 seconds or equivalent; Chilling food, cool as quickly as possible and preferably within 1 to 2 hours (Food safety in the kitchen: temperatures, incidents and records)
  3. Food Information (Amendment) (England) Regulations 2019, regulations 2 and 3 (Hard cases: food safety and allergens)
  4. reg 8 (Hard cases: food safety and allergens)
  5. Calorie Labelling (Out of Home Sector) (England) Regs 2021 regs 3 and 4 (Hard cases: food safety and allergens)
  6. RR(FS)O 2005 art 9 (Fire, gas, kitchen extraction and health and safety)
  7. Building Safety Act 2022 s.156 (Fire, gas, kitchen extraction and health and safety)
  8. Fire (Scotland) Act 2005 Part 3; Fire and Rescue Services (NI) Order 2006 (Fire, gas, kitchen extraction and health and safety)
  9. Gas Safety (Installation and Use) Regulations 1998 regulations 3(1) to (3) and 35 (Fire, gas, kitchen extraction and health and safety)
  10. HSE CAIS10, gas interlocking requirements (Fire, gas, kitchen extraction and health and safety)
  11. Health and Safety (Enforcing Authority) Regs 1998 Sch 1 (Fire, gas, kitchen extraction and health and safety)
  12. Insurance Act 2015 s.3 (Insurance and risk)
  13. PSSR 2000 regs 8 and 9 (Insurance and risk)
  14. Specific Direction 20 and reimbursement limit (Insurance and risk)

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