Dosh dilemma – should my son – a pot washer – be getting tips?

Joshua, 17, has been working as a pot washer in a busy restaurant for nearly two months. He’s on minimum wage, so to make sure he’s earning enough, he works as many hours as he can, including weekends and most evenings after college. 

But there’s one thing bothering him: he’s not getting any tips.  

The waiting on staff get tips, which really boosts their pay, but Joshua doesn’t see a penny of the extra cash.  

So his mum, Brenda, reached out to ask:  

“Is this fair? Should he be getting tips too?” 

Great question, Brenda. Here’s what the law says.  

Is it legal for Joshua to miss out on tips?  

The debate over whether kitchen staff should get a share of the tips has been ongoing for years. While it’s often discussed, especially following some media backlash over tip distribution in the hospitality industry, the law surrounding this is still a little murky.   

That said, some big changes came into effect recently. 

The Tipping Act  

On 1 October 2024, a new Employment (Allocation of Tips) Act 2023, otherwise known as the Tipping Act, became law.  

So what does this mean for Joshua and others like him? 

• All tips must be passed on to employees with no deductions.  

• Employers must distribute tips within one month of receiving them.  

• Employers must keep records of all tips and share them with workers upon request. This helps if employees want to take things to an employment tribunal.  

• Employers must have a written tipping policy, so everyone knows how tips are collected and shared. 

Who does the law apply to: 

• employees 

• agency workers  

• people on zero-hour contracts  

What happens if an employer breaks the rules? 

If employers don’t follow the rules, they could face serious consequences, including fines.  

How should tips be divided? 

Now, here’s where things get interesting. The law doesn’t say that kitchen staff must get tips, but it does require that tips are shared fairly.  

So, employers aren’t made to split tips equally between kitchen and front-of-house staff, but they do need to come up with a fair system for allocating them. 

Businesses should consider things like: 

• How much kitchen staff contribute to overall customer satisfaction. 

• How tip distribution affects front-of-house staff. 

• Whether kitchen staff are already being paid at or above industry standards for their role. 

Some businesses have a tip pool that gets shared between both kitchen and front-of-house workers.  

What should Joshua do?  

Since Joshua is on minimum wage and is not being underpaid, we recommend he has a friendly chat with his manager.  

He’s still new to the job, so it could be that tips start coming his way after a probation period. Either way, it’s his right under the Tipping Act to ask about the restaurant’s tipping policy. 

So Brenda, while the law doesn’t say kitchen staff must get tips, there’s a growing movement towards fairer distribution. Encourage Joshua to talk to his manager and get clarity on the tipping policy at his workplace. After all, everyone deserves a fair share of the pot.  

Good luck to Joshua and thanks for reaching out!