Advice on employer not paying tips
Advice on employer not paying tips
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anonymous-user

Original Poster:

83 months

Friday 31st March 2017
quotequote all
Looking for some advice on how some rather dodgy work places practices regarding the treatment of tips.

The story so far.

Step daughter worked at a local restaurant for four months, the policy as I understood it when she joined was that all tips received would be pooled and paid to all staff (both in the restaurant and in the take away area). Seems very fair.

What has actually happened is that all the tips are pooled by the management and then paid in December. Given there are only four permanent employees and around 40 odd part timers and the place has a high turnover of staff you can probably tell that this policy favours the management!

Whilst I dont think the practice is illegal (correct me if I am wrong) there is something decidedly fishy about the whole practice, which is funny considering that it's a fish and chip restaurant.

Are the employers doing anything illegal here or are they just taking the proverbial ? I am off to see the owner with my step daughter to collect her final wages so I wouldn't mind making him feel as uncomfortable as possible given that he is unlikely to pay her anything for the tips received over the four months. It does boil me pee that a business that appears to be doing very well resorts to this kind of thing rather than being open and honest.

parabolica

7,008 posts

213 months

Friday 31st March 2017
quotequote all
How tips are treated is at the sole (fnar fnar) discretion of the business owner. I've had both 'paid-on-the-night' and 'not-paid-at-all' type jobs - it's just the way it is.

NordicCrankShaft

1,956 posts

144 months

Friday 31st March 2017
quotequote all
Very murky water being treaded if the boss is taking money from tips.

https://www.gov.uk/tips-at-work/overview

We always had someone in charge and everything got recorded.

anonymous-user

Original Poster:

83 months

Friday 31st March 2017
quotequote all
None of the staff are allowed to hold or keep the tips, they all have to go through the owner who keeps them. The card machine also takes the tips as well.


Terminator X

20,450 posts

233 months

Friday 31st March 2017
quotequote all
Just keep any cash tips given directly. Job jobbed.

TX.

anonymous-user

Original Poster:

83 months

Friday 31st March 2017
quotequote all
Terminator X said:
Just keep any cash tips given directly. Job jobbed.

TX.
If only life were that simple. CCTV everywhere, busy restaurant with eagle eyed owner sorting out change etc. etc.

Plus she no longer works there :-)

sc0tt

18,288 posts

230 months

Friday 31st March 2017
quotequote all
sugerbear said:
If only life were that simple. CCTV everywhere, busy restaurant with eagle eyed owner sorting out change etc. etc.

Plus she no longer works there :-)
Tell her to move on with her life then and there are far worse employers out there.

Terminator X

20,450 posts

233 months

Friday 31st March 2017
quotequote all
LOL. I always give cash tips tbf just in case owner(s) is a complete tt like this one.

TX.

ReaderScars

6,087 posts

205 months

Friday 31st March 2017
quotequote all
These days maybe waiting staff should have their tips paid as paypal gifts straight into their account.

I know of an employer who used to pay his staff's NI out of their tips.

anonymous-user

Original Poster:

83 months

Friday 31st March 2017
quotequote all
sc0tt said:
sugerbear said:
If only life were that simple. CCTV everywhere, busy restaurant with eagle eyed owner sorting out change etc. etc.

Plus she no longer works there :-)
Tell her to move on with her life then and there are far worse employers out there.
The bonus with this one is that she hasn't received her final payslip from said owner, so I have an opportunity to let my feelings be known as a previously paying customer. And to let everyone else in the restaurant know as well.

She won't need a reference from them and already has another job.

anonymous-user

Original Poster:

83 months

Friday 31st March 2017
quotequote all
The restaurant I worked in as a teenager changed the way tipping worked as I was one of a handful of motivated weekend staff who could walk in and take 5x the wages on tips and be done with it, and the demotivated full timers complained due to this so we had a shared tips system in the end. This meant I went from about £100 tips per day to £4.

I left.

Edited by anonymous-user on Friday 31st March 23:04

21TonyK

13,273 posts

238 months

Saturday 1st April 2017
quotequote all
If the owner is administering tips through some kind of system and they are not going directly from the customer to the recipient then HMRC will be very interested in their practices.

Aside from that its a really sh*t thing to do to your staff. Probably a major factor in their staff turnover!

Grunt Futtock

335 posts

128 months

Friday 7th April 2017
quotequote all
sugerbear said:
What has actually happened is that all the tips are pooled by the management and then paid in December. Given there are only four permanent employees and around 40 odd part timers and the place has a high turnover of staff you can probably tell that this policy favours the management!
Let me guess..the staffing of part-timers decreases dramatically around tip handing out time as well?

anonymous-user

Original Poster:

83 months

Wednesday 19th April 2017
quotequote all
We have an answer from the employer.. He doesn't work out the tips every 12 months, he actually does it every 6 months !! (nice for his balance sheet) then distributes them amongst the staff.

He has said that my step daughter who has now left his employment will have to wait until the end of June when he works them out.


21TonyK

13,273 posts

238 months

Thursday 20th April 2017
quotequote all
Disgraceful way to operate. Unfortunately not uncommon in the industry.

I bet there's no payslip with it.

21TonyK

13,273 posts

238 months

Thursday 20th April 2017
quotequote all
Disgraceful way to operate. Unfortunately not uncommon in the industry.

I bet there's no payslip with it.

brrapp

3,701 posts

191 months

Thursday 20th April 2017
quotequote all
This is one of these situations where social media can be a good thing. Most eateries have Facebook /Twitter accounts and are sensitive to Trivago type reviews.
At worst,following a short campaign, the number of customers leaving tips would drop enough to have an effect on staff morale and business turnover. As long as nothing was said that was untruthful, there would be no comeback on your daughter and a fair amount of leverage over the owner.

21TonyK

13,273 posts

238 months

Thursday 20th April 2017
quotequote all
brrapp said:
This is one of these situations where social media can be a good thing. Most eateries have Facebook /Twitter accounts and are sensitive to Trivago type reviews.
At worst,following a short campaign, the number of customers leaving tips would drop enough to have an effect on staff morale and business turnover. As long as nothing was said that was untruthful, there would be no comeback on your daughter and a fair amount of leverage over the owner.
If you do this wait until the money is in the bank. And make sure there's no link to your daughter.

I used to own a restaurant and my favourite pre-interview pass time was google and facebook to see what applicants had done and where.