Dealing with restaurant problems FAQs

Paying for your food

I ate at my local Indian restaurant and my chicken was raw in the middle. The waiter offered to 'cook it a bit more' but I sent it back and refused to pay for it. The waiter said I had to pay. Was he right?

No. By law, the restaurant has an obligation prepare food with 'reasonable care and skill' and which is of ''satisfactory quality'' By serving uncooked chicken the restaurant has failed on both accounts and would be in breach of contract, so you were entitled to ask for a replacement dish or to deduct the cost of the food from your bill.

Paying for water

Is a restaurant allowed to charge me for tap water?

Legally, yes. A restaurant is entitled to charge a reasonable amount for tap water. It's not just about the cost of the water but the cost of providing and cleaning a glass, and the waiter's time to provide it. But the price should be made clear to you before they serve it.

Double booking

I booked a table in a posh restaurant for my parents' wedding anniversary. But when we turned up they'd double booked and said there was no table for us. We went to eat elsewhere but I felt that the evening was ruined. Can I claim compensation?

Possibly. When you book a table in a restaurant you are entering into a contract and the restaurant is legally obliged to fulfil it.

You may be able to claim compensation for expenses such as travel costs to and from the restaurant however the restaurant owners may argue that you still derived a benefit from those travel expenses as they enabled you to eat elsewhere. 

It's possible you could claim a reasonable sum to compensate for the disappointment and inconvenience suffered whether or not you are entitled to this will depend on the specific circumstances. Compensation is likely to be higher if the meal was to celebrate a very special occasion for example a Silver or Golden anniversary and that you'd told the restaurant about this before you booked.

Food poisoning

My wife and I suffered from severe stomach cramps and sickness the day after eating in a new restaurant. It was so bad we both had to take a day off work. What are our rights?

By law, a restaurant must provide food that is fit for human consumption. If the food makes you ill it could be prosecuted.

The difficulty is proving that that particular meal was to blame. It helps if you went to your GP when you were ill and had tests to establish the cause of your sickness. The fact that your wife also became ill after the meal will strengthen your case.

The difficulty is proving that that particular meal was to blame. It helps if you went to your GP when you were ill and had tests to establish the cause of your sickness. The fact that your wife also became ill after the meal will strengthen your case. Speak with a personal injury lawyer as soon as possible.

You should also report the matter to your local environmental health department. It can investigate and may prosecute the restaurant.

Service charges

My partner and I went out for a meal and the service was appalling. We waited an hour for our starter and then another hour for the main course. The waitress was completely unapologetic so I refused to pay the 15% service charge, but the manager threatened to call the police. I didn't want a scene, so I paid, but what should I have done?

If service is poor you have a right to withhold some or all, of the service charge element of the bill, even if you are told that the service charge is compulsory.

If you refuse to pay some or all of the service charge, but leave your name and contact details with the restaurant, the police cannot intervene, because you have not committed a crime.