Each week in our Money blog, we answer questions about your financial problems or disputes to consumers. This week, a reader asked if his boss was authorized to cut their advice.
Elliott asked: “Can my boss take a cup of advice that is shared between the staff if the boss works a quarter?”
We talked to Caroline WalkerCEO of Cavendish Employment LawTo get his thoughts.
First, it is not quite clear if the boss in question is the owner of the company or an employee himself.
Caroline says that if the director is an employee and was part of the service on a particular quarter of work, it would be reasonable for the advice to be shared with them.
But she adds that if they took advice not linked to their service, or against the specific policy of the company, there would be grounds to raise an official grievance.
Caroline decomposes here what the right of the United Kingdom on employment said on this subject:
“Under the 2023 employment law (tips for tips) which entered on October 1, employers must transmit advice to workers. This legislation prevents employers from keeping part of the advice for their costs and aims to guarantee that hotel workers receive 100% of advice, tips and service fees, “she says.
“Before this legislation, employers could take 20 to 30% to cover their costs of the company, including taxation, ruptures or even staff parties. They also did not have rules on the moment when payments had to be made or the obligation to be transparent on the calculation of payments. »»
Caroline describes new legislation as a “welcome change”.
The legislation specifically indicates that, at the beginning of October, the employer must ensure:
- 100% of tips or service fees are paid to the employee;
- No deduction is authorized for any reason whatsoever;
- Advice is distributed to workers / employees no later than the end of the month after payment;
- The advice should only be distributed in the “same place of activity”, which means that they cannot be grouped together and distributed between several locations;
- The workers of the agency will also have the right to be awarded a share of the advice, but this must be paid by the agency for which they work;
- The employer must also provide a written file for the ventilation of the available amount, proof that the advice is fully paid to workers / employees and insurance that it is paid on the relevant date.
If the employer does not provide these files, workers can make complaints in the employment court, says Caroline.
“If the reader considers that the employer previously did not take into account his advice, or in particular if he has not complied with these obligations since October 1, he should submit an official grievance to the employer expressing his concerns, what the employer will be forced to investigate and respond, “she says.
Learn more about this series:
“ My workplace brings a new clock system to pay us at the minute ”
“ I waited for months for a delivery – so they said that I had to pay another £ 49 to obtain it ”
“Do I have to complete my national insurance?”
“If their response is not to come or confirms that they have violated these obligations, they will be able to submit a complaint to the Employment Court.
“By submitting the official grievance, the reader will be able to determine if advice has been kept and they may include a written confirmation request mentioned above.
“It is possible, in particular if it is a small employer, that they may not be aware of their obligations and that this will give them the possibility of becoming aware of these obligations.”
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