The Employment (Allocation of Tips) Act 2023 came into force on 1 October 2024. In addition to the previously published statutory code of practice, the government has released some non-statutory guidance on the changes to tipping legislation. This guidance provides some simple worked examples of where practices would fall inside or outside the new rules, some useful templates and a simplified explanation of the sanctions employers may face.
The key takeaways are:
- Have a fair and transparent tips policy
- Make sure all workers see the tips policy (including agency workers)
- Remember to distribute tips to agency workers
- Ensure that tips are pooled by location and not shared between branches of a chain
- Include all workers that are directly involved in providing services to customers when distributing tips
- Keep a record of all tips distributed for at least three years
- Address any issues promptly
Further guidance can also be found in the recent guidance published by Acas.
Have a read of my original article or tune into the S&B People Podcast if you would like more detail on the Employment (Allocation of Tips) Act 2023.