Employer Withholding Tips

[Henry's Wife]

My daughter (16) works in a local restaurant. cab management withhold her tips? Or is this classed as theft? She has had other tips weekly. Manageress had a pop at my daughter as at end of the shift was talking to a colleague for 5 mins and not wandering around the tables when customers are eating (which i would find intrusive)

[Tilly2]

Were the tips withheld because she was talking instead of wandering?

[Islay]

I'm afraid it doesn't matter if you find it intrusive, if the employer has said that is what he require of her, and she didn't do it and that was his punishment then he is within his rights.

If he is withholding for another reason say he is just not passing them over then that is wrong.

[Henry's Wife]

Yes because she was talking instead of wondering.

[Islay]

Then yes he has docked her for not carrying out her duties.

A harsh lesson for a year old.

[Henry's Wife]

Thank you.
Looks like she will be finding herself another job. I felt because she earned these she should receive them!

[Islay]

But she didn't earn them as she was not doing her duty as her employer saw it.

[Henry's Wife]

The tips are paid weekly and that was only 1 shift

[Zacs-Master]

Bit pointless discussing. Her employers see things differently. Move on.

[Islay]

Ohhh so he withheld all the tips, sorry I assumed it was just the tips for that shift.

OK seems a tad unfair. But it has taught her a lesson, do your job.

Time to move on I think.

[cassa333]

Did the other waitress get her tips docked?

It used to be that the employer could take tips into consideration when the minimum wage came in but not sure if this is still the case.

[Henry's Wife]

Yes she did get her tips docked too. l wasn't sure if there was a law in this but reading the replys obviously not!

[New Judge]

There's been quite a lot about this issue in the press recently.

Unless your daughter wants to become involved in a lengthy and tedious bout of arguing and litigation with her employer (which I suspect she does not and which may not see the outcome she'd like anyway) I'd suggest moving on. It's simply not worth the hassle - especially at 16.

[sinderella]

Well done on your daughter for working at this difficult job
Generally bosses dont like it when you are chatting to a colleague at all when you could be wandering around checking on your customers.
And not intruding on them by talking to them whilst they are dining
They probably have not trained her well by making sure that she knows their rules

[Henry's Wife]

Thank you Sinderella it appears there was one table at the time.

[Peter Pedant]

I dont like to say "I think so" but it does look like that
( as opposed to wages which they cant ( I think)

the best practice is here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453089/09-1327-national-minimum-wage-code-of-best-practice-tips.pdf

which is how the gov would LIKE employers to act
and does not have force of law
and it seem clear that deductions can be made