Following a consultation on tipping and gratuities in 2016, the Government has recently confirmed its’ intention to make it law that tips left for workers are retained by them in full.
The forthcoming Employment Bill will include:
- Requirements for employers in all sectors to not make any deductions from tips received by their staff, other than those required by tax law
- Requirements for employers to distribute tips in a fair and transparent way. They must have a written policy on tips and a record of how the tips have been dealt with. Tips must be dealt with by the end of the month following the month in which the customer paid it.
- There must be provisions to allow workers to be able to request information relating to an employers’ tipping record and the employer must respond within four weeks.
- Requirements for employers to have regards to a statutory Code of Practice on Tipping.
Workers will be able to enforce these rights in the employment tribunals. The Employment Bill will be brought forward when Parliamentary time allows with the new rules expected to come into force no earlier than one year after the Bill has been enacted.
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