Department for Business, Innovation and Skills
 Printable version
|
 E-mail this to a friend
|
McFadden: October go-ahead for fair tips
Using tips to make up staff pay to minimum wage levels will be outlawed from October this year, the government announced today.
This will give thousands of workers fair wages and will ensure a fair and level playing field for employers and boost consumer confidence in the use of tips.
The government will also be working towards greater transparency and clarity for consumers through a new industry code of best practice.
Employment Relations Minister Pat McFadden said:
"When people leave a tip for staff, in a restaurant or anywhere else, they have a right to know that it will not be used to make up the minimum wage. It is also important for employers to have a level playing field on wages.
"This is a basic issue of fairness. We do not believe employers should be able to use tips meant as a bonus for staff to boost pay levels to the legal minimum.
"Our consultation showed wide support for these changes, including from business groups, and we are working with them to ensure that consumers get the information they need."
Today's announcement is the government's response to a consultation on the use of tips, gratuities, service charges and cover charges in payment of the national minimum wage.
The consultation received wide support for the government's plans to ensure tips are not used to make up the minimum wage - a majority of businesses responding to the consultation backed the proposed changes.
The government is working with consumer and business groups over ways of boosting clarity and information, which could include a new scheme for participating businesses to promote clear tipping practices.
Steve Brooker, markets expert for Consumer Focus, said:
"We are glad the Government has listened to calls from Consumer Focus and other groups to close the outrageous loophole allowing employers to use tips to make up the minimum wage.
"This is a real victory for common sense, for both employees and consumers.
"From October customers can be confident their tips will always go to waiting staff, which will allow employees to fully reap these rewards. In the meantime we would urge consumers to pay their tips in cash to ensure staff receive the full amount."
A spokesperson for Pizza Hut said:
"We are pleased that the Government has finally closed the loophole that allows employers to top up staff wages with tips. We have always ensured our employees receive 100% of their tips on top of wages and have been calling for an industry commitment to fair tips for some time.
"We would be delighted to work with the Department for Business Enterprise and Regulatory Reform to help develop a best code of practice for the industry."
Notes to Editors
1. The government's full consultation response on service charges, tips, gratuities and cover charges can be found at http://www.berr.gov.uk/files/file51166.pdf
2. Using tips to make up minimum wage level pay will be outlawed from October 1st 2009.
3. Under rules in place since the introduction of the National Minimum Wage, where tips and gratuities are given directly to workers by customers and are retained by the workers without any other party being involved, they cannot count towards NMW payment. Where service charges, tips, gratuities and cover charges, are paid by the employer to the worker via the payroll then the tip can count towards national minimum wage pay.
4. The National Minimum Wage for adult workers is £5.73, the rate for 18-21 year olds is £4.77 and the rate for 16 and 17 year olds is £3.53. For more information, visit: http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/index.htm
5. The government is currently considering the Low Pay Commission's recommendations on minimum wage rates to take effect in October and will announce its decision shortly.
Department for Business, Enterprise & Regulatory
Reform
7th Floor, 1 Victoria Street, London SW1H 0ET
Public enquiries +44 (0)20 7215 5000
Textphone +44 (0)20 7215
6740 (for those with hearing impairment)
http://www.berr.gov.uk
