Can my employer take my credit card tips?

[stevekingchef]

Hi

Can the owner from my restaurant take my credit card tips due to a shortage in the bar?

I'm a chef and have no access to tills,or stock ,being a chef!

We have a bar manager,restaurant manager and general manager who I'm my mind they should be accountable?


Where do I stand in the eyes of the law,my team have had same treatment and they need it more so than I .

Thanks


Steve

[Hetzer]

If the poncing scumbag refuses to give you your property (the money), 'steal' it in goods.
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[Nexus Icon]

If you share their tips then you should share their shortfall. Of course, if you are tipped individually then tell them to do one.
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[James83]

Give the Pay and Work Rights Helpline a call, they will be able to advise you.

https://www.gov.uk/tips-at-work/overview

[stevekingchef]

Cheers guys,

But I struggle to see how my kitchen porter/wash up guys who have zero access to anything should lose out because of bad managers ,surely if we have a bar manager he is accountable?

If my food stock was down should a waitress pay?no I'm the chef I'm accountable!

I will look into this more I'm furious!!!

[Rogerborg]

What does your contract have to say on it?

In the meantime, it sounds like everyone's having steak tonight.
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[stevekingchef]

Yeah it looking like that ,ill order in a nice ribeye for my tea!

[pepperami]

When the manager tells you to get some food for him , prepare it , put it on the plate , then stick your fingers up your bum and handle his food
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[Pie-Roe]

As this is standard within the industry, I'm surprised you don't know about it already, or have experienced it before.

Legally it comes down to what your contract says, but more frequently in catering with very loose contracts, and a distinct lack of contracts (which are verbally implied after a time) it comes down to how the owner runs it and how he as always run it.

It's pretty common for big chains (Cote/Cafe Rouge/Punch) to take all tips, including cash ones and split them up after taking a cut and dish them out as bonuses for management and for the biggest tip earners of the min wage staff. Similarly it works the other way and they can take tips to make up for GP deficit, and missing steaks/bubbly.

All card tips are supposed to be taken by the employer and added into your pay and taxed as they are classed as an income and should be declared and taxed. Cash tips you are supposed to declare too, but obviously noone does.

In several places (wagamuma off the top of my head) the company collect all tips, then split the total 85/15 with the kitchen. The tips are then split up by hours worked and appropriately shared out.

I presume you are the Head Chef? If so, generally it's accepted in industry that Head/Sous will be on a salary and don't get a tip share, which is usually only for kitchen hourly staff and FOH hourly staff.

In short, did you talk about it at the beginning, if not he can do what he likes under the guises of verbally implied contract, and at the end of the day, if you are management and the figures are down, he sees it as you are not making him the money you are paid to make him.

As for the taking stock to make up for it, generally the reason GP is down in restaurants is either being shit at your job through wastage, bad costing and mis-ordering or through staff stealing. Generally fillet steak and expensive wines go missing.
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[stevekingchef]

Hi


Thanks pyro,I'm the sous chef ,and as you stated I never normally get tip but I do here,as I stated I'm more concerned for my team,as they are on crap wage work hard and I feel is harsh that due to the incompetence of three front of house managers and their stock my guys suffer,the bar manager has just shrugged it of,can't explain where a barrel of beers has gone,bottles of vodka,etc etc


Well I think I'm gonna go cause carnage anyway I I feel I owe it to the boys!


Steve

[Hetzer]

Take as much from the kitchens in value as they took from the bar, plus 25% extra, then see how they like it when their tips are robbed by the scumbag running the place (who thinks punishing everyone for the crimes of a few is just, instead of getting off his shiftless arse and finding the culprit/s).

Or just do what 95% of everyone else would do...huff and puff a bit, then bend over and relax your sphincter.
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[angryjonny]

[cimbian]

This was discussed on national radio a couple of years ago and a solicitor stated that if the tips are paid via credit card it is the business owner's discretion as to how and if they are divvied up; however, if paid in cash it is a legal requirement that they go to the staff serving them.

I'm not a legal-bod but that stuck in my head as I now generally tip by cash as a result.
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