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New justification for refusing to pay foisted restaurant "service charges" without feeling guilty

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  • NFH
    NFH Posts: 4,413 Forumite
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    Pollycat said:

    I doubt that whinging about it on here will do much for public awareness.
    Instead of criticising my decision to post here, can you please constructively suggest a better way to increase public awareness of the new legislation?
  • Pollycat
    Pollycat Posts: 35,779 Forumite
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    edited 17 May at 9:15PM
    NFH said:
    Pollycat said:

    I doubt that whinging about it on here will do much for public awareness.
    Instead of criticising my decision to post here, can you please constructively suggest a better way to increase public awareness of the new legislation?
    I'm not the one who thinks public awareness of the new legislation needs increasing. 
    I made my stance very clear several posts ago.

    Shouldn't you be targeting restaurants to display prices that are actually going to be charged instead of putting the onus onto customers?
  • Pollycat
    Pollycat Posts: 35,779 Forumite
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    booneruk said:
    I don't know if it is the OP (but it certainly sounds like it), this paragraph echoes my post above:
    For all of the above reasons, I would be grateful if the CMA's guidance on Part 4 of the Digital Markets, Competition and Consumers Act 2024 could instruct restaurants to show in their menus the total prices of each product that the consumer will be asked to pay (inclusive of any additional percentages), and eliminate the increasing malpractice of automatically-added percentages on top of published prices, whether compulsory or purportedly optional.

    IMHO, this is what needs to be focused on instead of using a public discussion forum to raise awareness to diners. 
  • flaneurs_lobster
    flaneurs_lobster Posts: 6,554 Forumite
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    Pollycat said:
    For all of the above reasons, I would be grateful if the CMA's guidance on Part 4 of the Digital Markets, Competition and Consumers Act 2024 could instruct restaurants to show in their menus the total prices of each product that the consumer will be asked to pay (inclusive of any additional percentages), and eliminate the increasing malpractice of automatically-added percentages on top of published prices, whether compulsory or purportedly optional.

    IMHO, this is what needs to be focused on instead of using a public discussion forum to raise awareness to diners. 
    Yes, this. I'm not sure if encouraging people to become billing vigilanties, shouting "Aha" when the bill containing the service charge - that the menu said would be included - is presented, and demanding it be removed because "it's the Law".

    Not going to make for a relaxed and enjoyable meal is it, knowing you've got a confrontation with the staff to come at the end?.

    And oh, by the way, you can't ask for this reduction to be made before your meal because (says the OP) the staff will adulterate your food. 

    Well maybe in the restaurants frequented by the OP.

    Let's instead ask the appropriate body (Trading Standards?) to enforce the newly enacted law. I'd welcome the change.

    Then let us start addressing gratuities and tipping.
  • itsthelittlethings
    itsthelittlethings Posts: 994 Forumite
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    I’ll make my own choices what I do when I eat out, thank you.
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  • NFH
    NFH Posts: 4,413 Forumite
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    Let's instead ask the appropriate body (Trading Standards?) to enforce the newly enacted law. I'd welcome the change.
    Part 3 gives enforcement powers to the Competition and Markets Authority.
  • flaneurs_lobster
    flaneurs_lobster Posts: 6,554 Forumite
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    NFH said:

    Let's instead ask the appropriate body (Trading Standards?) to enforce the newly enacted law. I'd welcome the change.
    Part 3 gives enforcement powers to the Competition and Markets Authority.
    So can I expect enforcement officers, in hi-viz with "C&MA" on the back, to be raiding my local trattoria imminently?
  • Pollycat
    Pollycat Posts: 35,779 Forumite
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    NFH said:

    Let's instead ask the appropriate body (Trading Standards?) to enforce the newly enacted law. I'd welcome the change.
    Part 3 gives enforcement powers to the Competition and Markets Authority.
    So are they exercising those powers?
    Starting in the place where this practice seems to be most prolific.

    In fact, have they even instructed restaurants to show in their menus the total prices of each product that the consumer will be asked to pay (inclusive of any additional percentages)?

  • itsthelittlethings
    itsthelittlethings Posts: 994 Forumite
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    The service charge is optional so I don’t see that it legally needs to be on the menu.
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  • NFH
    NFH Posts: 4,413 Forumite
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    NFH said:
    Many restaurant staff will not know that the legislation cannot be enforced on purportedly-optional service charges, even if they are involuntarily foisted. If restaurant staff do know, there's a strong argument that, now that mandatory service charges are outlawed, it follows that optional service charges are similarly unmerited by being against the spirit of the new legislation, and consequently they should be neither charged nor paid.
    You responded:
    The service charge is optional so I don’t see that it legally needs to be on the menu.
    I don't understand the reason for your response. Do you disagree that these automatically foisted service charges are against the spirit of the new legislation?

    In any case, many restaurants automatically foist a service charge even when the diner has not opted into it. They are not genuinely optional.
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