Service Charge

[Ric.ror]

I was charged 15% yesterday in a restaurant.
Today I overheard a lady refusing to pay a service charge
She said she preferred to make the tip to the individual
Where does she stand legally?

[SIRandyraven]

If the mandatory service charge is mentioned in the menu. Then I suppose by sitting down and eating, you have entered into a contract with the establishment.
Of course you always boycott them in the future and leave a ripe old review on Trip Advisor.

[Hopkirk]

15%? Were you in the USA?

[knowabit]

I believe ( I may be wrong though) that you do not have to pay a service charge.

[boxtops]

If it's on the bill, I don't think you have a lot of choice, particularly if it's mentioned on the menu. If they don't charge it but leave a space for you to fill it in, it's up to you. I'd prefer only to tip if I did indeed get good service.

[Ric.ror]

No I was in a restaurant on islington
Not an über posh restaurant either

[237SJ]

I don`t think you have to pay it if it`s on the bill. You can ask to have it removed but the restaurants cash in by knowing that people will feel awkward doing that. I don`t blame the diner for wanting to pay individually because if you pay the bill and service on a card, Visa or Mastercard or whoever, receive a percentage of it (and some of the restaurants do as well). It`s much better to settle the bill and then leave cash for the service.

[Peter Pedant]

No you dont HAVE to give a service charge
you just say I dont give the service charge

and in answer to qq you haven't asked

a) you should always tip in cash
b) any tax for the waiters is their affair and not yours
c) if there is a tronc system - the employer should deduct 20% at source
d) and if there isnt they dont
e) it is lawful for the employer to use tips to make up the minimum wage

er that's it

so good on your lady ric ror

[Graham-W]

Interesting stuff from Which? See the paragraph Compulsory vs Discretionary.
http://www.which.co.uk/consumer-rights/problem/do-i-have-to-pay-a-service-charge-if-the-service-is-poor-

[Ric.ror]

Oh Peter - I must be a disappointment as I paid it
I won't next time though

[CJHorse]

Any sensible restaurant will make sure that the service charge is clearly stated to be optional (but you might have to look very hard to see the words). Reason. If it's optional there's no VAT on it. If it's compulsory, VAT is levied on the whole amount you pay.