Restaurant are keeping tips and not paying the waiters!

rumbaba

Oh, you're wrong too, Anhiliator. The OP's brother most certainly does have legal right to that money - it is his! My brother-in-law is a lawyer specialising in business law, and we were discussing this a few weeks back when we all went out for a meal in a very well-know celebrity restaurant.

Penny, please show your brother this thread, and if you want any proper legal advice on this matter (from someone who really knows) just send me a PM.

Regards,

RB

PeterJDavies

Sorry rumbaba, you're wrong. Service charges do not belong to the waiter no matter how strange or wrong that may sound. The UK Courts ruled on this back in the late 1980s and the European Court of Human Rights upheld the UK Courts ruling in 2002 in the long-running Nerva case. The proceeds of a service charge are, in law, no different to a cover charge or even the cost of the food and drink you consume - they belong to the business.

I'm a new user so I can't post links, but go to bailii dot org then search for "Nerva" for both the Court of Appeal and European cases.

MrsBartolozzi

http://ilr.lls.edu/issues/27/27.1TAFRESHI.pdf

ChrisCobra

rumbaba wrote: »

You must live in a cheap area if you think £6.50 is a good wage.

Check his posts . its more like another planet , not area!

rumbaba

PeterJDavies wrote: »

Sorry rumbaba, you're wrong. Service charges do not belong to the waiter no matter how strange or wrong that may sound. The UK Courts ruled on this back in the late 1980s and the European Court of Human Rights upheld the UK Courts ruling in 2002 in the long-running Nerva case. The proceeds of a service charge are, in law, no different to a cover charge or even the cost of the food and drink you consume - they belong to the business.

I'm a new user so I can't post links, but go to bailii dot org then search for "Nerva" for both the Court of Appeal and European cases.

Sorry, Peter - YOU'RE wrong.

Why are you talking about a court ruling of almost 30 years ago and 8 years ago? We're talking OCTOBER 2009!

The law HAS CHANGED.

Seems like you suffer from the same condition as whatsisname - Anuli....something or the other. You sure you're not him?! Strange you've only posted 3 times...............

Anyway, you are wrong. Like he is wrong. What is it that you can't grasp?

rumbaba

ChrisCobra wrote: »

Check his posts . its more like another planet , not area!

Ha ha! I see what you mean!

He obviously cant accept it when he's wrong. Strange chap!

minerva_windsong

Are you sure they're not going to give him the money later in the year? I used to work on a hotel bar and any tips we got had to go in a jar which the manager then put into a kitty which was doled out to everyone in proportion to length of service at Christmas. Just a thought.

Anihilator

rumbaba wrote: »

Ha ha! I see what you mean!

He obviously cant accept it when he's wrong. Strange chap!

Or not.

Please supply a link to either case law or a law. An article with no reference to either doesnt pass.

The other guy has supplied a ruling which stands up in court until repealed. You are quick to tell us we are wrong. Not so quick with the appeal.

Also your link says it cant be for overheads. What is to stop the restaurant saying all service charges are retained as profit? Imo the "new law" you refer to simply prevents staff being paid less than NMW or docked for items such as cups or shortages etc on the pretence that tips take them over NMW.

pickledpink

Service charge means just that - a charge for service. It doesn't mean profit for a restaurant or to replace broken teacups!

Many restaurants have now signed up to an agreement whereby they will not be adding service charge to the bill, and eventually other restaurants will be required to do the same.

Until such time the best thing customers can do is deduct the service charge from the bill and pay (if they wish) a tip to the waiter direct.:money:

jasmine_lotus_flower

rumbaba wrote: »

You must live in a cheap area if you think £6.50 is a good wage.

Where i live its £5.80 - £6.00