What the new tipping legislation means for your business

A deferred date has been set for the implementation of the new Employment (Allocation of Tips) Act. On 1st October 2024 it is proposed that this Act will make it unlawful for employers to withhold gratuities from their workers and ensure that tips are allocated fairly amongst all staff, including those on zero-hour contracts. 

Here’s what the new legislation means for the hospitality industry and how it will impact operations.

New tipping legislation

The new proposed legislation would bring about a range of changes for the hospitality industry, increasing costs for business owners and introducing a range of factors that require consideration. Businesses found guilty of not complying could expect a hefty fine of up to £5,000 for every reported case, forcing their hands to fairly distribute all tips, gratuities and service charges amongst employees.

According to the proposed legislation, employees have a right to request their tipping record once every 3 months, which they can use as evidence to support their claim if they recognise any inconsistencies or unfair tip allocations. Therefore, businesses would need to identify a way of recording and distributing tips amongst employees, which also needs to be recorded as a written policy.

Whilst the legislation is beneficial for workers, business owners would have to consider a range of factors in order to fully comply with the legislation and ensure the fair distribution of tips amongst staff. Factors such as; whether to include kitchen staff, length of time working for the employer, employee performance and role, customer tipping intention and more.

Whilst there’s no set date legally by which business owners have to pay their staff tips, the legislation recommends that they do it no later than the end of the month in time with people’s wages.

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