The Allocation of Tips Act 2023 came into force on 1 October 2024.
The government has already published a statutory Code of Practice, providing guidance to employers and workers in tipping industries, on the fair and transparent allocation and distribution of tips.
Last week, the government also added to this by issuing some non-statutory guidance.
The non-statutory guidance includes:
- Clarification that tips cannot be pooled across multiple sites or different branches.
- A reminder that employers need to take account of agency workers when considering the distribution of tips.
- Confirmation that employers are responsible for deciding (and justifying) what roles they treat as being in-scope for the allocation of tips. They should incorporate all involved in providing direct service to customers.
- An outline tipping policy and tipping record template.
- A reminder that both failure to distribute tips and failure to provide tipping information can lead to claims in the Employment Tribunal.
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