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Restaurants. Automatically adding a percentge to the bill

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A majority of restaurants now automatically add ten or twelve and a half per cent to the bill as a service charge. I hate this practice and would much prefer to tip the waiter/waitress individually. Can you refuse to pay this service charge. Also a party of 8 of us went to a restaurant recently and they added the service charge automatically. The service was abysmal and the food not much better. When I queried it the Manager said if I read the terms and conditions the service charge for parties of 6 of more was obligatory. I found this especially annoying as they added the service charge to the bottles of wine as well. which amounted to just under £2 a bottle. I did not want to make a scene and paid. Can they legally do this.
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Comments

  • earthstorm
    earthstorm Posts: 2,134 Forumite
    read this

    http://www.adviceguide.org.uk/wales/consumer_w/travel_leisure_and_food_e/consumer_food_and_restaurants_e/restaurant_service_is_poor.htm
    Service charges

    Compulsory service charges must be displayed. You only have to pay a service charge if the trader makes this clear before the meal in a notice or verbally. This is because the service charge is then part of the agreement. If the restaurant does not make the service charge part of the contract in this way, you can decide whether to pay a tip or service charge, and how much this should be.

    http://www.which.co.uk/consumer-rights/problem/do-i-have-to-pay-a-service-charge-if-the-service-is-poor-/
    Can I refuse to pay?

    If you are told about a compulsory service charge, you must pay it, unless the service was particularly poor.
    If you don't get an acceptable level of service, the restaurant could be in breach of contract. Under The Supply of Goods and Services Act 1982 it is legally required to use reasonable care and skill when providing its service.
    If the restaurant falls below this standard you can refuse to pay some or all of a service charge, depending on how bad the service actually is.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    If you disagree with the practice then don't go there. They could make it a requirement to recite Tam O'Shanter if they wished.

    I for one do not like the practice and tend to avoid places that do it, seems to be more prevalent in London and the South than in the sticks.
  • markfj
    markfj Posts: 519 Forumite
    Tenth Anniversary
    I do agree in some ways

    I'll be honest, Im a chef and alot of companies use the service charge to pay the waiters/chefs as part of their wages, If when I was working in the hotel I worked at for 5 years didn't get service charge the wages wouldn't have been worthwhile and same could be said for the waiters.

    Saying that It is sort of general practise to add a service charge but from my understanding you don't have to pay it if you don't feel the service was good.
  • jwruk
    jwruk Posts: 205 Forumite
    Giraffe add an optional 12.5% onto the bill, and then take 10% of that as an admin charge before passing it onto staff.

    You can remove the optional service charge and choose your own amount to tip, but they still take 10% as an admin charge.

    http://www.giraffe.net/tipping
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    jwruk wrote: »
    Giraffe add an optional 12.5% onto the bill, and then take 10% of that as an admin charge before passing it onto staff.

    You can remove the optional service charge and choose your own amount to tip, but they still take 10% as an admin charge.

    http://www.giraffe.net/tipping

    Bloody hell!!!
    Tipping should be done away with, restaurant staff should be paid a fair wage & restaurants should price their food accordingly.
  • MrsE wrote: »
    ......
    Tipping should be done away with, restaurant staff should be paid a fair wage & restaurants should price their food accordingly.


    I for one agree in full with the view of MrsE - This is an open and honest apporach with the customer always knowing how much a meal will cost.
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    I for one agree in full with the view of MrsE - This is an open and honest apporach with the customer always knowing how much a meal will cost.

    & staff getting a fair wage they can budget to, rather than their finances being at the mercy of pot luck of the generosity of the people sat at their tables.
  • WTFH
    WTFH Posts: 2,266 Forumite
    MrsE wrote: »
    & staff getting a fair wage they can budget to, rather than their finances being at the mercy of pot luck of the generosity of the people sat at their tables.

    Yes, but if you have a choice between two restaurants, one charging twice the price of the other for the same food, which will you choose?

    In the UK I will tip people for good service. In the US, I tip for all service, because that is the culture there (I know some Brits just refuse to accept that, which gives the rest of us a bad reputation).
    ...and tipping isn't just limited to restaurants. Entertainers who put on a good show, builders who do a good job, postmen, binmen etc (sorry, I can't remember the PC terms for them). If you give your postie a bottle of wine at Christmas, you are tipping them.
    1. Have you tried to Google the answer?
    2. If you were in the other person's shoes, how would you react?
    3. Do you want a quick answer or better understanding?
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have refused to pay the 'optional' service charge

    once in London , just the 2 of us , the whole meal was shocking

    And once locally , when there was 4 of us , the menu said they would be adding an optional service charge , then took umbrage when we refused to pay all of it . The charge was £25 , and the service was pretty dire . Considering it was a restaurant in a small town , they cant rely on tourists and have to keep a regular customer base , upsetting them isnt the way to go...........Strangely They didnt stay in business long and have been taken over
    Vuja De - the feeling you'll be here later
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    WTFH wrote: »
    Yes, but if you have a choice between two restaurants, one charging twice the price of the other for the same food, which will you choose?

    In the UK I will tip people for good service. In the US, I tip for all service, because that is the culture there (I know some Brits just refuse to accept that, which gives the rest of us a bad reputation).
    ...and tipping isn't just limited to restaurants. Entertainers who put on a good show, builders who do a good job, postmen, binmen etc (sorry, I can't remember the PC terms for them). If you give your postie a bottle of wine at Christmas, you are tipping them.

    I believe wages should reflect a fair renumeration for labour & workers shouldnt need to rely on the risky element of tips to earn a living wage.
    All prices should allow to pay people a fair wage.
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