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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Recently found a second job ,ive been forced to tip cheffs

Resolved Question:

hello recently found a second job ,ive been forced to tip cheffs from my owned money ,ive got wife two litle girls to feed and wife .ive been told by one of he managers if not tip he manager will contact revenue telling them we waiters staff get cash tips no pay tax from it.filling threathen and scared ,what to do. thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today,
what is your role are you a waiter?
Customer: replied 2 years ago.

yes

Expert:  Jenny replied 2 years ago.
So are they asking you to pay your own tips? How long have you worked there for?
Customer: replied 2 years ago.

2 months,they asking for percentage from my cash out

Expert:  Jenny replied 2 years ago.
After doing this does it mean you are getting paid less than the National Minimum Wage in respect of the hours that you work (once you take the tips off?)
Customer: replied 2 years ago.

no i need to pay my tips cash from my owne pocket

Expert:  Jenny replied 2 years ago.
Ok but if you take the amount of money you are having to pay off the amount of money that you are earning does it mean you get paid less than the NMW?
Customer: replied 2 years ago.

can they threath us still

Expert:  Jenny replied 2 years ago.
Are they threatening to tell HMRC you are not paying tax on the tips if you don't pay?
Customer: replied 2 years ago.

sometimes yes,because if no coustumers dont tip money i have to me and my collegues

Customer: replied 2 years ago.

last saturday one of the manager did ive got witnesses,normally we pay tax on credit card tips, but not on cash tips

Customer: replied 2 years ago.

still contract signed doesnt say nothing about it

Expert:  Jenny replied 2 years ago.
is it only you being asked to do this?
Customer: replied 2 years ago.

all waiters and waitresses

Customer: replied 2 years ago.

not saying chefes dont deserve tips ,just the treaths r scaring me and my collegues

Expert:  Jenny replied 2 years ago.
The legal position on tips is that the employer cannot make them form part of the national minimum wage. This is what I think they are doing by making you contribute out of your own money.
If you are paid tips in cash then these are subject to tax and national insurance, however this does not mean that they can use this to threaten you.
If you calculate how much you have been paid an hour and deduct the amount you have had to pay out and this has left you with less than the national minimum wage you can claim in the employment tribunal. You cannot be dismissed for attempting to assert a statutory right.
You should contact ACAS for assistance with trying to resolve this informally.
You will find contact details at www.acas.org.uk
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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