Accusations from ex employer

sariebeth

I used to work a few shifts in my local pub, and all the tips were given in to the employer be shared. However, even though we raked in around £150 for each shift, when they finally paid me my tips about 10 weeks later, they only gave me £30 - I worked this out to around £1.50 per shift! It wasn't put through our wages, and there was no accountability for where the tips had gone.

So I decided not to put my tips in the pot. I told my colleagues, and when I got tips I divided it by the number of staff on and kept my share, with the rest going in the pot. This was only cash tips handed direct to me. I didn't take a share of tips given to others, and I did't take any from credit card tips or service charges. I made between £3 and £10 per shift this way.

I left the job about a month ago and have since heard that my ex employer has told the other staff the reason their tips are now so low is because I was stealing them!

I actually felt sick when I heard this. Not only would I never steal, but I can't think of anything worse than stealing from you colleagues.

I checked the law surrounding tips before I started taking my share (far less than my share in fact) and I was perfectly within my rights to do it.

My questions is, can I do anything about what he is saying about me, as it's blatantly untrue

paddedjohn

you can go to the bar and tell your ex colleagues your side of the story and why you did it the way you did.

sariebeth

I told them at them time. They know the situation. I even advised them of their rights

Although I'm now barred from the pub so can't walk in!

19lottie82

OP, If I were in your shoes and an ex employer was telling people that I had been stealing, I would get a lawyers letter sent to them threatening them with legal action for slander.

heretolearn_2

Hang on, this doesn't make sense. He is telling them their tips are NOW so low (since you left?) because you were stealing them in the past? In that case their tips would go up when you left, not down.

paddyrg

Sounds bent to me. But barred or otherwise, you can go in to see the old manager and say 'I hear you've been making allegations that I stole from my friends - would you care to repeat those in front of me and my lawyer?'

Shared tips pots are rife for fraud and theft - the only way they can be tamed is by every shift recording the value 'banked' and doing the books on them afterwards.

Problem is, what's 'fair'? If the pot is (say) £100, and 20 different staff have worked in the week, some in the quiet morning shift, some in the busy evenings, some glass collectors, some kitchen staff, cleaners, a cellarman, etc., all essential to giving the customers the service that makes them tip in the first place. Do you give them a fiver each? Is that fair? What if the daytime staff did 5 days at 10hrs, and the evening staff took the bulk of the tips in 2 x 2.5-hr shifts weekend evenings? Should the evening staff get 10x the tips per hour than the daytime ones? Or should the daytime ones get 10x more for doing 10x the hours? This is not a real question, it is to show how many types of 'fair' there are, so what feels unfair to you may be perfectly fair for somebody else, assuming the pot is being operated honestly.

ditzyat50

heretolearn wrote: »

Hang on, this doesn't make sense. He is telling them their tips are NOW so low (since you left?) because you were stealing them in the past? In that case their tips would go up when you left, not down.

Exactly what I was thinking.

sariebeth

heretolearn wrote: »

Hang on, this doesn't make sense. He is telling them their tips are NOW so low (since you left?) because you were stealing them in the past? In that case their tips would go up when you left, not down.

The tips are collected over a very long time, I think it's about 7 months since the last ones where given out, maybe longer. Which I think is completely wrong anyway.

The person who said that it isn't a fair system is correct, hence why I stepped out of it by taking my own tips. I didn't touch anyone elses. And I've never had a penny of those tips anytime since.

I am tempted to go to a solicitor and get them to write me a letter telling him not to make accusations against me. I have a couple of witnesses to him saying it to them. Mainly because it feels so completely unjustified that he can say that about me, and I feel he should be told its not only wrong but also potentially a legal issue.

hazelbunny

What are employees legal rights where tips are concerned? Do they have to hand them in if there is a pool in operation or are they witin their rights to keep their own. For example if two people are on a job and are handed £5 each by the customer do they have to hand it in to their boss.

wantsajob

Sounds to me more like they're admitting to stealing the tips from current staff, because they couldn't get their ill-gotten share of them during the time you worked there.