Areas of Law / Employment

At the hotel where I work the tips we’ve earned have twice gone missing recently in rather shady circumstances. The police were never called. Since tips and gratuities are viewed as part of our wages, is our employer still obliged to pay them to us?

Tips and gratuities should not be considered part of your wages. They do not count towards the National Minimum Wage, and you do not pay National Insurance on any tips you receive directly (although you should declare them for tax purposes). If you are entitled to a share of the tips as part of your contractual arrangement or through custom and practice, then you should receive the payment even if the actual money has gone missing. If necessary you could issue a claim for the money in the County Court.

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