Restaurant keeping staff tips

hcb42

tell the customers not to leave a tip, if the PDQ allows it, skip that part..

anamenottaken

Naf wrote: »

. . .

I think its a sh!tty way to treat people; especially as they admit (in the email that informed us all about it) that its not all staff, but all are being punished until the rest sort themselves out.

They need to say what the "inefficiences" are otherwise there would be no knowing how the ones involved could "sort themselves out".

And if they don't improve within an appropriate time and after receiving guidance, they should be dismissed.

If you are a supervisor then don't you need to know which people it is?

Funky_Bold_Ribena

Sorry I misunderstood...currently they get shared out but they are being taken in future by the company due to inability to manage staff, is that right?

I'd suggest to the company that they need to sort out the inefficiencies and leave the tips as they are...this wouldn't look good if it got into the local papers I'd reckon.

Valli

I know of a highly reputable restaurant with an internationally-renowned chef/owner which does exactly this. It's deemed a sackable offence if they find their waiting staff receiving and retaining tips!

However, it's not an issue for me as I am unlikely ever to be able to afford to dine there;)

antrobus

Naf wrote: »

The restaurant I work in have decided that they are 'losing money' due to unspecified 'staff inefficiencies' and are therefore suggesting they want to keep all staff tips for themselves. Tips all go into a pot & get shared out weekly based on hours worked.
Can they legally do this? Surely the customer leaves the tip with the expectation that its going to the staff who served them, not as yet more added to the price on their bill?

Can they legally do this? It seems not.

Unlike discretionary service charges and credit card tips, cash tips do not belong to the business or the owner of the restaurant. They belong to the member of staff to whom they have been given. If a box or a dish is used, then they belong to employees as a group, but again not to the business or owner.

Many employees will often agree to pool or share their cash tips, but an employer cannot force a member of staff to do this. A business that disciplined or even dismissed an employee who refused to share their cash tips would probably find itself before an employment tribunal.

http://www.catererandhotelkeeper.co.uk/articles/22/5/2009/327826/tip-off-how-to-keep-cash-tips-within-the-law.htm

AP007

antrobus wrote: »

Can they legally do this? It seems not.

Unlike discretionary service charges and credit card tips, cash tips do not belong to the business or the owner of the restaurant. They belong to the member of staff to whom they have been given. If a box or a dish is used, then they belong to employees as a group, but again not to the business or owner.

Many employees will often agree to pool or share their cash tips, but an employer cannot force a member of staff to do this. A business that disciplined or even dismissed an employee who refused to share their cash tips would probably find itself before an employment tribunal.

http://www.catererandhotelkeeper.co.uk/articles/22/5/2009/327826/tip-off-how-to-keep-cash-tips-within-the-law.htm

not all tips are cash however and if on a card and in the till they can keep them. I don't think the OP is just talking about cash tips probably not even talking about cash tips.

Naf

mountainofdebt wrote: »

And what about the poor non serving staff - chefs etc?

They were included in the tips getting shared out.

AP007 wrote: »

not all tips are cash however and if on a card and in the till they can keep them. I don't think the OP is just talking about cash tips probably not even talking about cash tips.

Nope; all tips.

Naf

antrobus wrote: »

http://www.catererandhotelkeeper.co.uk/articles/22/5/2009/327826/tip-off-how-to-keep-cash-tips-within-the-law.htm

Looks promising; but anyone know any relevant legislation that this would be derived from?

anamenottaken

Naf wrote: »

Looks promising; but anyone know any relevant legislation that this would be derived from?

No legislation that tips must go to staff.

Legislation (The Consumer Protection from Unfair Trading Regulations 2008) would require that tips are dealt with in the way the business says to its customers that it does.

There is a Code of Best Practice - https://www.gov.uk/government/publications/national-minimum-wage-code-of-best-practice-on-service-charges-tips-gratuities-and-cover-charges.
That includes that "Businesses should seek to reach agreement with workers on any change of policy."

dzug1

Southend1 wrote: »

Why not make a stand for your colleagues' sake?

.

Problem is taking a stand may = no job, regardless of the legalities