On 1st October 2024, the Employment (Allocation of Tips) Act (“The Act”) was enacted in the UK. The new legislation requires business to pass on 100% of all tips and service charges (“tips”) fairly to workers by the end of the month following the month in which it was collected. Employers must ensure they follow all requirements of the legislation, with failure to comply potentially leading to Employment Tribunal claims from workers, where compensation payments of up to £5,000 may be applicable.
The Act is centred around fairness and transparency. The method in which you pass on your tips and service charges must now be clearly stated in a tipping policy, with all workers having sight of this and understanding exactly how the tips are allocated. Allocating tips paid at a place of business to your workers through an external Troncmaster in place, such as BTS, ensures there is transparency when it comes to the allocation of tips, as we will provide you with a tipping policy that is fully compliant with the Act. Workers will be able to contact us any at any point if they have any queries regarding the tronc scheme, ensuring transparency and taking the burden away from you in the process.
The Act requires employers keep a record of every tip received and passed on to workers for three years. A worker can make a request for records of the amount of tips and service charge paid at the place of business and the amount allocated to that worker, once in every 3-month period, so businesses must ensure these records are kept up-to-date and passed on to workers in a timely manner. BTS keep up-to-date records of all tips received and paid out, and can provide these details should you or your workers ever require them.
As mentioned previously, fairness is one of the key aspects of The Act. However, it is important to note that allocating and distributing tips “fairly” does not mean allocating the same proportion to all workers. There may be legitimate reasons why an external Troncmaster may allocate varying proportions of the tips to different workers, such as type of role/work, basic pay, hours worked during period when tips were received, individual and/or team performance, seniority/level of responsibility, length of time served with the employer and customer intention. Employers must give due consideration to all the workers involved in providing service to customers, including agency workers, whom are employed by the agency providing the agency workers.
A key question to ask yourself if whether your tipping practices will motivate your workers. Setting up a de-motivating practice from the outset can detriment your business.
Businesses can ensure their tipping practices are rewarding workers fairly for their hard work and achievements, by appointing an external Troncmaster. BTS supports a wide range of hospitality businesses in every corner of the country, from bars and restaurants to hotels and casinos.
There has never been a better time for new business start-ups to reach out and make use of an external Troncmaster such as BTS – setting you up for success from the get-go. The hospitality industry faces significant challenges due to rising costs, the bounce back from the pandemic, and the ongoing cost of living crisis. At the budget in October, the Government delivered an increase to the annual tax bill of £3.4 billion to hospitality in 2025. The implementation of an external tronc scheme can go some way in limiting the impacts of these challenges.
Call us today on +44 (0)20 7710 3389 or email troncmaster@buzzacott.co.uk. Alternatively, fill in the form below and a member of our team will be in touch.