Do you love takeaways? Seemingly we Brits just can’t get enough of them! In August, Deliveroo reported that demand for its services had strengthened despite Covid and orders had doubled as lockdown habits continued. Post pandemic demand for takeaways has remained high but how can you complain if your choice isn’t as good as it should be? And if you decide to head to your favourite eatery now that the doors of hospitality have reopened, what are your rights if your restaurant meal doesn’t cut the mustard?

The staple legislation to help you on your way to successfully deal with takeaways and restaurant complaints is the Consumer Rights Act 2015. Under this Act, your order should be of ‘satisfactory quality’ and ‘as described.’ If it’s not then you have grounds to complain.

Under the same legislation, a service should also be carried out with ‘reasonable care and skill’ and within a reasonable length of time. If it’s not then you have equal grounds to complain.

Ensure you complain as soon as you become aware of an issue with a takeaway or meal purchase. Stop eating it straight away if it is not up to standard. You can then choose to reject the meal or have the issue rectified either with a replacement or remedy. You have one final chance to reject the meal once any remedial action has been taken.

If your server is not able to deal with your complaint, then ask to speak to the manager. If possible try to resolve the issue with the establishment when on the premises or if the issue is regarding a takeaway, contact the eatery as soon as you become aware of the problem. It’s important to show that you have given the establishment ample opportunity to resolve your complaint before escalating.

If your meal is of the required standard then you need to pay for it in full but if you reject it then you are not obliged to pay for it.

Alternates would be to negotiate partial payment for the meal in light of issues experienced or write ‘paid under protest’ on your bill when paying if you feel obliged to do so in order to leave the establishment.

In cases of suspected food poisoning, compile a detailed log of evidence including any doctor’s reports, photos and time frames. Claims can be made for pain, suffering and loss of earnings or financial losses incurred. Bear in mind that it may be difficult to prove the source of the poisoning.

Watch out for 3rd party takeaway apps as some are just a go between to facilitate payment but other provide a delivery service for the establishment. Don’t be fobbed off. Your contract is with the company you made payment to.

Resolver’s free tool is very useful if you wish to seek compensation directly from the eatery. Ensure you compile evidence to support your complaint such as the date and time you placed the order, when it arrived and any relevant photos.

In the event that you cannot resolve the issue, you can initiate a claim in the Small Claims Court for breach of contract under the Consumer Rights Act 2015. However this is a last resort and is unlikely to worth undertaking due to costs, time and effort involved.

You are also within your rights to report any concerns about an eatery to Trading Standards or local environmental health department.

Have you ever had to complain in a restaurant or about a takeaway? What was the outcome?