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floors4u

Restaurant not sharing tips

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Tell her to leave. They clearly have no care for the welfare of their staff. Then report them and name and shame. Disgraceful.

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Unfortunately if any sort of noise is made about the issue the young person concerned is likely to lose their job & not be in much of a position to claim unfair dismissal as a part-timer

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I really hope this isn't a restaurant I like.

Well do you eat Chinese anywhere Onchan ?

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Firstly have they actually done anything illegal? The point with regard to minimum pay is that they must pay you that by law what they cannot do is pay you less than the minimum pay legislation states and then rely on staff earning tips to take them above the minimum level. That is what was happening before the legislation came in. What does the contract of employment state? It may specifically state that tips are or are not paid to staff etc

 

Is there anything in law which states how tips must be handed out. At the end of a meal you may wish to give a gratuity but most of us when we do so have no idea how a restaurant etc divides up. Since the minimum wage legislation I believe some restaurants have been retaining gratuities in return for paying a higher guaranteed wage than was paid previously. That may be the case here. What is preferable a guaranteed £10 an hour with the employer keeping the tips or £5 an hour with the hope that you get another £5 an hour on avearge in tips?

 

There are not enough facts here to judge whether they are doing the dirty or not.

 

As a principal I generally dislike tipping in restaurants unless I get exceptional service from an individual in which case I might give them something extra in the expectation they keep. Surely the cost of my meal should be calculated and charged on the basis that they give you good service. Is that not the point of being in the hospitality service? Do I get a discount if I offer to collect and return by plates from the kitchen, get my own drinks. I am not offered a choice of levels of service before I sit down. Similary compulsory services charges added on at the end should in my view be banned. It should just be included in the costs on the menu. Basically it is just a way to make a restaurant look like its menu is cheaper than it really is and is in my view dishonest.

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Well of course I don't know, but I reckon it's a fair bet that there is no contract of employment here. Whatever the legalities, it is morally repugnant for the proprietor to pocket the tips.

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'Compulsory' service charges aren't legally enforceable

 

If the service is rubbish or they demand payment with threats to call police etc just invite them to do so

 

It's up to restaurants if they handle tips (they'd have to pay employers NI on them & be responsible for deducting tax & NI from the employees share)

 

Alternatively they can refuse to get involved & let employees sort them out

 

There is lots of legislation & plenty of official guidelines that cover all this

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Well of course I don't know, but I reckon it's a fair bet that there is no contract of employment here. Whatever the legalities, it is morally repugnant for the proprietor to pocket the tips.

 

Not necessarily in my view. Restaurant A pays £15 quid an hour but keeps all the tips. Restaurant B next door pays £5 quid an hour but lets employees keep the tips which on average are £5 an hour. Which is the worse employer?

 

Restaurant staff pre minimum wage were paid appallingly and reliant on tips to earn a half decent amount. That is in part why tipping etc become the norm rather than for exceptional service etc. It allowed restaurants to pay very poor wages. The minimum wage did away with that in part and if a restaurant wants to pay a decent wage in return for keeping the gratuities I have no issue with that as long as it is explained to the staff.

 

If I tip in a resatuarant it is because I have received exceptional service etc, certainly beyond what I would expect as standard from that establishment. I would want my tip to go to that person. I do not want it to be shared by the chef, bottle washer etc as what have they done to earn that tip except their job which presumably is what they are paid to do.

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If the law stipulates that tips do not constitute wage or any part thereof then it is questionable if it is legal for the proprietor to keep tips to compensate for a higher wage.

 

It is certainly immoral,and I think probably illegal for this to happen.

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Lost Login - you are Mr Pink and I claim my £5. I pretty much agree with these sentiments on tipping though.

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Do you live on the Calf, Woody?

 

I am in principle opposed to the need for tips. We should push for legislation to get these people paid better salaries so they don't require tips. And the bean counters at the Tax Office shouldn't be allowed to touch workers' tips. Speaking of which, is this restaurant paying tax on the tips its stealing off its workers?

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