Are Tips illegal???

Any

Anihilator wrote: »

That link is extremely lacking of any legal evidence to back up its opinion.

Fair enough.
Can you please back up yours? Then we can find out the answer to the actual question! There is no point of saying you are right, you are wrong, if noone can actualy show anything for it!

Sparhawke

Here is a new question, was the receiver court appointed or privately?

Read particularly the part about migrating prejudice to unsecured crediotrs...which is where employees fall

http://en.wikipedia.org/wiki/Receivership

(In other words, a privately appointed receiver is only working on behalf of the person who hired them, they do not even have to bother about employees or other creditors, whereas a court appointment would have to work within the letter of the law, and they would never spew such b**lshit about tips being illegal...which strikes me as funny as then they would be claiming and admitting to handling illegal goods lol)

DVardysShadow

Anihilator wrote: »

Unless your contract states they are yours to keep the company is entitled to do what they wish with them. Asking customers won't get round this and may actually lead to discliplinary action.

It had to be Annihilator. It might lead to disciplinary action. Turning up at work might lead to disciplinary action. Looking out of a window might lead to disciplinary action. But it would not lead to justified disciplinary action. A simple question if the customer hands over a cash tip "Is this for the administrators of the business?" will clarify the punter's intentions.

DVardysShadow

I suggest you stop giving out completely false information.

Anihilator wrote: »

I suggest you stop giving out completely false information.

1) Staff have no legal obligation to tips or gratuities or service charges unless its a contractual benefit. If it isnt the organisation can do what they want with them. If staff take them anyway it is theft. Also to add it is against the legal obligations of an administrator to gift assets away at the cost of the creditors

You don't have a clue what your talking about and people like you are dangerous

You don't have a clue what your talking about and people like you are dangerous

The tip belongs to whoever the giver intended to give it to. This is not decided by staff nor is it decided by the business, it is the giver who decides. As a giver of tips, I am adamant on this. There is no question of theft on the part of staff when they keep the tip.

Anihilator

Sparhawke wrote: »

Okay, can someone answer me this?

Employees always take precedence over any other creditors.

Agreed?

The service charges that are thought by the public (yet not told differently) are going to the administration to pay creditors.

Yet shouldn't employees get this first anyway??!

A classic catch 22 situation no?

I haver never been an employment solicitor, I have never professed to be...what I am though is someone who has worked in restaurants for a long time some years back...and for the OP, if you tell your friend simply to put cash jars on the table there is sod all the administrators can do about it. But you are responsible for your own taxes, agreed everyone? I believe that was your original question until we all got hold of it lol

No

If the employees dont have a contractual obligation to the tips then they arent a creditor for that amount. Yes if it comes down to it the tips as income may be used to settle other contractual obligations but not as tips.

Anihilator

Sparhawke wrote: »

Here is a new question, was the receiver court appointed or privately?

Read particularly the part about migrating prejudice to unsecured crediotrs...which is where employees fall

http://en.wikipedia.org/wiki/Receivership

(In other words, a privately appointed receiver is only working on behalf of the person who hired them, they do not even have to bother about employees or other creditors, whereas a court appointment would have to work within the letter of the law, and they would never spew such b**lshit about tips being illegal...which strikes me as funny as then they would be claiming and admitting to handling illegal goods lol)

I suggest you stop using google to misunderstand things you know nothing about. Your interpretation is completely false.

Unless the OP has a contractual obligation to the tips it is not the case

Anihilator

DVardysShadow wrote: »

It had to be Annihilator. It might lead to disciplinary action. Turning up at work might lead to disciplinary action. Looking out of a window might lead to disciplinary action. But it would not lead to justified disciplinary action. A simple question if the customer hands over a cash tip "Is this for the administrators of the business?" will clarify the punter's intentions.

A care worker is handed a cheque for £200 and asks the care worker is this for the business. No.

Does this give them a legal or contractual right to keep it?

The case is if the tips arent going where the customer wants they shouldnt give it. If an employee has no contractual right to a tip and then keeps it anyway they are on shaky legal and employment ground.

dzug1

Sparhawke wrote: »

if you tell your friend simply to put cash jars on the table there is sod all the administrators can do about it.

If the employment contract says no cash tips/tips belong to the restaurant then yes they can fire the staff for gross misconduct (no redundancy) and keep the money.

Anihilator

DVardysShadow wrote: »

I suggest you stop giving out completely false information.

You don't have a clue what your talking about and people like you are dangerous

The tip belongs to whoever the giver intended to give it to. This is not decided by staff nor is it decided by the business, it is the giver who decides. As a giver of tips, I am adamant on this. There is no question of theft on the part of staff when they keep the tip.

Legal evidence to back it up?

Whilst I actually agree it should be the case unless its legally in the contract the employer can do what they want and an explicit instruction from a customer whilst it may mean they can't pocket the cash doesnt make it any more acceptable for the staffmember too.

Many industries actually make the accepting of gifts a proper policy and discliplinary point.

DVardysShadow

Anihilator wrote: »

A care worker is handed a cheque for £200 and asks the care worker is this for the business. No.

Does this give them a legal or contractual right to keep it?

The case is if the tips arent going where the customer wants they shouldnt give it. If an employee has no contractual right to a tip and then keeps it anyway they are on shaky legal and employment ground.

You are talking rot.

The situation under discussion is a Hotel and Restaurant and we are talking about a Customer giving a tip to an Employee of a Employing Organisation.

You now bring up the total red herring of a Vulnerable Person, who is not a Customer offering a tip to the Employee of an Employing Organisation. Of course the Employee does not keep this tip. But if they did, it would not then go to the Employing Organisation. If we applied this analogy to the Hotel and Restaurant, the money should go to Social Services, who should then not let the Customer go to the Hotel and Restaurant unaccompanied.