Allergies Aren’t a Tick Box – They’re a Legal Risk!

Now Let’s Talk About the Bits You Can’t Ignore.

If you’ve ever thought, “We’ve never had an allergy issue, so we must be fine,” read on.

Allergy claims don’t show up when you’re ready for them. They arrive right at the wrong moment and usually when you’re partway through service.

Because here’s the thing about allergy claims: they come out of nowhere, long after the meal’s served, and usually when your inbox is already overflowing.

And in a world where food is getting bolder, and customers are getting more vocal, not having proper disclaimers or clear allergy processes isn’t just risky – it’s dangerous.

Let me tell you about the wedding incident.

The case of the seat swap.

A client catered a 100-person wedding. The couple had submitted a table plan and dietary requirements well in advance, as most do.  One guest had an allergy. They were marked clearly on the plan, sitting at Table 4.

But on the day, they swapped seats with another person at their table.  No one told the catering staff. The team served food based on the original plan. A dish with a nut-based dressing landed in front of the wrong person.

The guest didn’t ask, assumed it was nut-free, took a bite, and had a reaction. Thankfully, it wasn’t life-threatening. But it could have been.

Here’s what made things worse: the caterer had no disclaimer signage, no verbal allergy prompt, and no clause in their contract that addressed guests swapping seats or the client’s responsibility for last-minute changes.  That claim took six months to resolve and cost more in time, stress, and goodwill than you’d believe.  The guest and their family left negative reviews across Google and socials – and that business is still trying to shake it off, years later.

Why Disclaimers and Clauses matter

When an allergy incident happens, your intentions don’t matter. What matters is:

• What warnings were given
• What systems were in place
• What was agreed in writing

It’s not about blame, it’s about protection. For you, your staff, and your customers.

What you should be doing (and checking) right now:

1. Add allergy disclaimers everywhere

Put them on your menus, on a sign near your hatch, and in your T&Cs.  If you aren’t sure then don’t DIY your disclaimers, don’t borrow a mate’s clause – get it done properly so you know you are covered.

2. Make it verbal, every time

Train staff to ask: “Do you have any allergies we should know about?” Yes, even at weddings. Yes, even if there’s a plan. Yes, even if it’s awkward. That one sentence could save a life – and your business.

3. Tighten your terms and conditions

This is the part most caterers overlook, and the part that causes the biggest problems later.

Your terms and conditions should clearly highlight who is responsible for allergy information, what happens if things change on the day, and how information is communicated between you, the client, and their guests.

If that isn’t set out properly in writing, you’re relying on memory, goodwill, and assumptions, none of which help if a complaint or claim lands months later.

This isn’t about avoiding responsibility. It’s about making sure responsibility is clear, shared, and documented, so you’re not left carrying the full weight of someone else’s mistake.

If you’re not 100% confident your current terms do that, it’s worth getting them reviewed.

Not sure where to start?

That’s where we come in.  We’re offering NCASS members a free 30-minute legal telephone consultation to discuss how to protect your new catering business.

Support available:

• Document reviews from £20
• Disclaimers from £75
• Ongoing legal support from £450

Send us a message. We’ll get you set up properly, so you can stop worrying about what might go wrong and focus on delivering great service.

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☎ 0118 321 4188