National newspaper gets behind waiting staff

Last month the Employment Appeal Tribunal ruled in HM Revenue & Customs' favour by supporting current National Minimum Wage legislation relating to tips, in the case of Annabel's restaurant and night club. This meant that the employers have to pay their staff at least the national minimum wage regardless of any tips, gratuities, service or cover charges, so long as the tips are not paid directly through the employer's payroll. But the Independent has said this doesn't go far enough and there should be a law against employers topping up wages or making 'tronc' payments with service tips. A number of chefs have today thrown their weight behind the newspaper's campaign with Marco Pierre White saying: "Staff work very hard and I think all tips should go to them." Earlier this month we reported on union Unite's call to put a stop to 'tronc' payments. Len McCluskey, assistant general secretary of Unite, asked Business Secretary John Hutton to stop employers 'ripping off' low-paid workers, saying: "He must act to close the loophole in the minimum wage law which means that bad employers are pocketing the money customers have left for staff. "Unite is appalled that many of the most expensive places to dine out in the UK are operating opaque practices which result in staff getting a very small proportion, if any, of the money that customers have generously left for them." He continued: "Customers want to see that the tips they are leave are going to the hard working staff who serve them. The government must take action that everyone can tip with confidence." The Independent added that the Low Pay Commission should investigate the evidence from their research, which found chains such as Carluccio's, Café Rouge, Strada, Caffe Uno, Zizzi and ASK either funnelling tips into wages or not passing on tips paid via debit and credit cards. Editor of Britain's Michelin Guide, Derek Bulmer suggested restaurants should carry a symbol highlighting what happens to tips once they have been given: "We send an annual questionnaire to restaurants asking about opening hours and so on. We could ask them at the same time what's their policy on tipping. "It would be very easy to create a new symbol. It could be done. We would have to ask several questions: 'Are your prices fully inclusive? Do you have a service charge? And what happens to the service charge or the tip customers leave on the table? Anything that improves the mess that exists at the moment would be welcome." In another move, the Independent will detail a restaurant's policy on tipping when it is reviewed in their weekend supplement, the Saturday magazine. Weblink: www.independent.co.uk