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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6467
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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A close friend works front-of-house in a local branch of a

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Hi there. A close friend works front-of-house in a local branch of a national chain restaurant. With only one week's notice, and with no consultation period, the restaurant has changed the way tips are handled.Previously, my friend was able to keep 100% of tips, not matter how the tips were paid (cash or card)From this Monday, 40% of tips received will be handed to the kitchen staff, which makes a big difference to income.Can the restaurant legally do this? And given that my friend has worked there for over 25 years, would this constitute a change of contract, if it makes a material difference to income and standard of living?Would be glad of any advice,
Thanks
Nicola***********

Hello Nicola, my name is ***** ***** I am happy to help you today. What notice was your friend given of the way that the tips would be paid?

Customer: replied 4 months ago.
Hi JennyAs mentioned above, it was one week's notice only. They announced it verbally last week, and gave everyone the paperwork this week (I have not read this but can get a copy). The new re-distribution of tips starts this coming Monday....Thanks for the speedy response!

In that case the employer is in breach of contract as it amounts to a unilateral variation of the terms of your friend's employment. They need to give at least 12 weeks notice.

Your friend should raise a grievance and he will be able to claim for the loss of earnings in the employment tribunal.

The only issue is that they may then give valid notice and it will be up to your friend whether he is prepared to work under the new terms or not.

If he chooses not to because it amounts to a significant reduction in earnings he can bring an unfair dismissal claim at that point.

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.

Hi Nicola is there anything further you would like to know?

Customer: replied 4 months ago.
Hi there - am waiting for my friend to call me back, in case there is anything else he wants to ask, but your answers are helpful so far, thank you!

No problem. I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for my time. I will be happy to answer your friends follow on questions after the original answer is rated.

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