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Tipping: Code of Best Practice
Guidance on Transparency for Workers
The Code states that:
- Businesses should ensure that workers understand and are able to confidently explain the business' policy on service charges, tips, gratuities and cover charges to customers, or know where to direct customers for further information, and without risk of detriment.
- All workers should be fully informed on the distribution and breakdown of service charges, tips, gratuities and cover charges and the level and purpose of any deductions. Business should seek to reach agreement with workers on any change of policy.
Businesses must comply with national minimum wage legislation including the 2009 amendment: this means that regardless of how they are paid no service charges, tips, gratuities or cover charges can be used to make up national minimum wage pay. Businesses must also ensure that they comply with current employment law more generally.
- Complaints from workers relating to their rights as employees can be made to the Pay and Work Rights Helpline on 0800 917 2368.
- Any complaints about accurate information on a business' policy on service charges, tips, gratuities and cover charges can be made to the Consumer Direct Helpline on 08454 040506.
Businesses that comply with the Code should ensure that their employees understand the policy relating to service charges, tips, gratuities and cover charges. This means that businesses should ensure that all workers:
- understand the process for the distribution of service charges, tips, gratuities and cover charges between the business and the workers, and between the workers themselves (for example, workers should be told if a tronc operates and who the tronc master is)
- are aware of the amount and purpose of any deductions from service charges, tips, gratuities or cover charges, and seek to reach agreement with workers on any policy change
- have access to a written statement setting out the business' policies on service charges, tips, gratuities and cover charges which can be provided to consumers
- are aware of the level of deductions from tips, service charges and gratuities made to cover breakages, till shortages or customer walk-outs
- are aware of the business' grievance procedure
Businesses should give information to workers in the form of a written statement. Where the business employs a cohort of workers where English is not the workers first language the business should consider making information available in other languages.
This statement should include:
- how tips are distributed and, if applicable, if this is done through a tronc
- if cash and card tips are treated differently
- the name of the tronc master if appropriate
- how much might be deducted for administration and what this covers
- any other deductions
- what happens during holidays, sick leave, parental leave and other forms of leave
Where tips are passed to workers without national insurance deductions, workers should be informed that this may have implications for entitlement to certain social security benefits.