Illegal??

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  1. Skyelight's Avatar
    • Full Member
    • Posts: 107
    Illegal??
    I had given my weeks notice at my work (restaurant) but I had a family crisis and had to leave 3 days before the end of my weeks notice. My work is now refusing to give me my tips for the month as I didn't work until the end of my notice. Is this legal?
  2. PythianLegume's Avatar
    • Exalted and Worshipped Member
    • Posts: 1,103
    Re: Illegal??
    Are tips even part of the contract? Given that they are supposedly added extras, they might not be and so the restaurant can do anything they like.
  3. Darth Stewie's Avatar
    • Overlord in Training
    Re: Illegal??
    Well once a service charge or non-cash tip has been paid on a bill, the money legally belongs to the restaurant and they don't have any legal obligation to pass it on to the staff, realistically you won't be able to prove that any tips you got were in cash and even then it would be a lot of hassle to try and approach this from a legal standpoint and it is very unlikely you will be successful.
    Last edited by Darth Stewie; 05-08-2012 at 17:12.
  4. Skyelight's Avatar
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    Re: Illegal??
    All the tips get pooled and then at the end of the month they get divided between all staff
  5. PythianLegume's Avatar
    • Exalted and Worshipped Member
    • Posts: 1,103
    Re: Illegal??
    (Original post by Skyelight)
    All the tips get pooled and then at the end of the month they get divided between all staff
    Yes but is that in your contract?
  6. sulpicia's Avatar
    • Banned
    • Location: London
    • Posts: 1,078
    Re: Illegal??
    (Original post by Skyelight)
    I had given my weeks notice at my work (restaurant) but I had a family crisis and had to leave 3 days before the end of my weeks notice. My work is now refusing to give me my tips for the month as I didn't work until the end of my notice. Is this legal?
    perfectly legal.
  7. Skyelight's Avatar
    • Full Member
    • Posts: 107
    Re: Illegal??
    No there wasn't anything in the contract about tips...it's a small company and I don't think they declare them
  8. Educate95's Avatar
    • Full Member
    • Location: London
    • Posts: 93
    Re: Illegal??
    (Original post by Skyelight)
    No there wasn't anything in the contract about tips...it's a small company and I don't think they declare them
    Well there's your answer. It wasn't in the contract, so legally they don't have to give it to you.

    Maybe check this site though for information, if you're unsure.
    http://www.direct.gov.uk/

    Good luck.
  9. Skyelight's Avatar
    • Full Member
    • Posts: 107
    Re: Illegal??
    (Original post by Educate95)
    Well there's your answer. It wasn't in the contract, so legally they don't have to give it to you.

    Maybe check this site though for information, if you're unsure.
    http://www.direct.gov.uk/

    Good luck.
    Cheers
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