tips while working

lyndac40

Hi everyone,

Ive got a quick question wonder if anyone can help. My friends daughter did a bit of waiting on tables tonight. One of the customers gave her a cash tip at the end of their meal and said to her this is for you. The manager of the restaurant took it of her and told her she did not get tip.

Is this correct??????

thanks

Lynda

cazziebo

Depends on policy - it's usual that tips are pooled and shared out amongst all staff.

When you say " a bit of waiting on tables" what do you mean?

lyndac40

Hi Cazziebo,

my friends daughter and her friend did waitrissing tonight in a local restaurant. when they finished their shift the manager took all their tips of them and put them in the till, and told them they dont get tips.

Lynda x

paddedjohn

If the tips were handed to them then they are theirs or at the very least to be pooled and shared out with the rest of the waitresses, I would go as far as saying that the manager has stolen what was meant for your daughter.

cazziebo

Legally I think the company can keep tips and not pay to staff. It used to be the case that companies could use tips to top up to NMW but that was made illegal.

Obviously, morally wrong and I know there was a backlash when the topping up became public. I'd clarify with the restaurant what the policy is. It might be that they are shared out once a week, so they might not get tips on that same night.

lyndac40

Hi paddedjohn,

Thank you for your reply. I will pass on the information.

Lynda x

lyndac40

[QUOTE=cazziebo;64341745_I'd_clarify_with_the_restaurant_what_the_policy_is._It_might_be_that_they_are_shared_out_once_a_week,_so_they_might_not_get_tips_on_that_same_night.[/QUOTE]

Hi cazziebo,

Should they have not told the girls that then rather than just say you dont get tips.

Lynda x

RichardD1970

Doesn't appear to be illegal, :eek:https://www.gov.uk/tips-at-work

ohreally

Saavedra v Aceground [1995] IRLR 198, the ERA 96 was used to reclaim a share of tips that the employer had unilaterally reduced, and following a successful union campaign, supported by some national newspapers, restaurant and bar employers are not able to meet part of the staff’s NMW entitlement from customers’ tips: Regulation 5, National Minimum Wage 1999 (Amendment) Regulations 2009.

lyndac40

Hi RicharD1970,

That is shocking to me if I thought for one minute I had a left a tip for a waitress who had given me good service and they didnt get it I would be raging. One of the customers gave her £6.30 a lot of money for a 16 year old.

Lynda x

cazziebo

lyndac40 wrote: »

Hi cazziebo,

Should they have not told the girls that then rather than just say you dont get tips.

Lynda x

If that's the policy then yes. Or maybe they misunderstood. It's worth asking for clarification.