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Question:

Do restaurant tips count towards the National Minimum Wage for waiters and waitresses?               

 

 

Answer:

This used to be a problem, but using tips to make up staff pay to minimum wage levels was outlawed from October 2009.

 

Coincidentally, in  May 2009, the Court of Appeal upheld the EAT decision in the Annabel's case (Annabels (Berkeley Square) confirming that tips and gratuities paid via the particular tronc system operated by the employers' concerned could not be included in "wages" for National Minimum Wage purposes. 

 

In other words, waiters should be paid a basic rate of at least the National Minimum Wage, plus tips if appropriate.

 

Last updated: July 2010. 

 

 

 

 

James Carmody

Employment Solicitor

 

Reculver Solicitors

12-16 Clerkenwell Road

London EC1M 5PQ

 

www.reculversolicitors.co.uk

info@reculversolicitors.co.uk

Tel 0207 324 6271

 

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