New tips guidance published

New rules that stop employers from withholding tips from people working in the hospitality, leisure and services sectors are a step closer following the publication of a new Code of Practice on tipping.

The Employment (Allocation of Tips) Act 2023 colloquially known as the Tipping Act received Royal Assent on 2 May 2023. However, the measures in the Act do not come into force until all the necessary secondary legislation is in place. The measures are expected to come into force on 1st October 2024, once Parliament has approved them.

This means that more than 2 million workers will have their tips protected. HMRC has estimated that this new law will mean an estimated £200 million a year will go back into the pockets of hard-working staff by retaining tips that would have otherwise been deducted.

The statutory Code of Practice will provide businesses with advice on how tips should be distributed among staff. The updated Code of Practice will be statutory and have legal effect, meaning it can be introduced as evidence in an employment tribunal.

Workers will also be given new rights to view an employer’s tipping policy and their tipping record, which will help them to bring forward a credible claim to an employment tribunal.

The Business and Trade Minister said:

‘It is not right for employers to withhold tips from their hard-working employees. Whether you are cutting hair or pulling a pint, this government’s legislation which will protect the tips of workers and give consumers confidence that when they leave a tip, it goes to the hardworking members of staff.’