Issued by: Department for Business and Trade

Workers will now keep 100% of their tips, gratuities and service charges following Private Members Bill coming into effect.

- Laws to ensure workers keep all of their hard-earned tips comes into effect

- Changes expected to boost wages by putting £200 million back in the pockets of workers

- Comes ahead of employment rights bill which will go further to strengthen workers’ rights and make work pay

From today [Tuesday 1st October], millions of hard working and dedicated workers will benefit from new laws which will ensure they keep 100% of the money they have earned through tips.

Introduced through a Private Members’ Bill last year, the Employment (Allocation of Tips) Act and the statutory Code of Practice on fair and transparent distribution of tips came into force today.

These changes will require employers to pass all tips, gratuities, and service charges on to workers, without deductions.

From today, if an employer breaks the law and retains tips, a worker will be able to bring a claim to an employment tribunal.

Most employers already pass on tips to the staff who earn them; however these laws will crack down on the minority of businesses who continue unacceptable tipping practices.

Employers in the wrong could be made to pay fines or compensation to staff, with workers able to hold bosses fully accountable through employment tribunals.

The Department for Business and Trade estimates that today’s changes will mean around £200 million will be received by workers that would otherwise have been retained by these employers.

It is hoped that this will build further trust between customers and businesses, as well as create a level playing field for all businesses through the fair and transparent distribution of tips across the board.

Minister for Employment Rights Justin Madders said:

“When you tip someone for good service, you expect them to keep all their tip. They did the work - they deserve the reward.

“This is just the first step of many in protecting workers and placing them at the heart of our economy. We will be introducing further measures on tipping to ensure workers get their fair share of tips.

“Britain’s outdated employment laws require an urgent update. This Government will ensure they are fit for the modern economy and deliver on our plan to Make Work Pay.”

This government will go even further to strengthen workers’ rights through our Employment Rights Bill which will ensure workplace rights are fit for a modern economy, empower working people and drive economic growth.

The legislation will be delivered in close partnership with business and civil society and will strike the right the balance between improving workers’ rights while supporting businesses across the country that pay people’s wages.

Andrew Tighe, Director of Strategy and Policy at the BBPA, said:

“This new framework will introduce a level playing field for all businesses, ensuring that those who were not already passing on all tips to their staff will now be required to.

“A greater a degree of consistency and transparency when dispersing tips will benefit both existing and new staff alike.

“We would urge all operators to review the guidance and ensure their policies are compliant with the legislation.”

Ben Thomas, CEO of TiPJAR, said:

“Our hospitality and service industries are powered by a wonderfully diverse and exceptionally talented workforce. For the first time, these millions of workers can trust that tips employers collect on their behalf will always be passed to them.

As a business providing a platform to get tips to workers quickly, fairly and transparently, we wholeheartedly welcome today’s announcement. We look forward to continuing our work with the DBT and government to develop further guidance as the principles of the legislation are put into practice, supporting businesses across the sector to operate to a consistent and equitable standard in handling tips.”

Notes to editors:

- Code of Practice: Distributing tips fairly: statutory code of practice - GOV.UK - (https://www.gov.uk/government/publications/distributing-tips-fairly-statutory-code-of-practice)

- Non-Statutory Guidance: Distributing tips fairly: non-statutory guidance for employers - GOV.UK - (https://www.gov.uk/government/publications/distributing-tips-fairly-non-statutory-guidance-for-employers)

- The Code of Practice is statutory and has legal effect. This means that it can be introduced as evidence in the Employment Tribunal.

- These new measures will apply to all sectors in England, Scotland and Wales. Employment policy is devolved to Northern Ireland.

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