‘Tipping’ guidance for employers

By Napthens

03 Apr 2019

Website

Businesses in the leisure sector should understand how tips should be distributed to staff, an expert has warned.

Oliver McCann, Employment & HR partner at regional law firm Napthens, warns that businesses are facing increased pressure from workers and customers to make sure their distribution of tips is favourable for staff.

These tips or gratuities are commonly given as a reward for good service in the hospitality, leisure and service sectors. Workers may receive them directly from a customer, within a pay packet, or pooled and shared between all staff.

A government consultation was launched into concerns around the treatment and transparency of tips, and in recent months a response called The Good Work Plan was unveiled, confirming new legislation will be introduced.

In the meantime, Oliver warns that it is vital to understand how they should be distributed – ideally through a written policy when a staff member is first employed.

He explained: “Legally, if a worker receives a tip directly it is theirs not the employers, and in theory should be declared to HMRC.

“Card payments are often different and become property of the employer, and there is no legal duty for them to hand them over to staff but in practice many do and indeed a business’ reputation could be damaged if they didn’t.

“It’s also important for employers to understand the relationship between tips and minimum wage – since 2009 employers have been prevented from using tips to meet their minimum wage obligations, so workers must receive them on top of their basic pay.

“Failure to comply can lead to an HMRC investigation and ultimately both financial and reputational damage.

“Likewise, workers have the right to complain if there has been an unlawful deduction from wages – it will only be allowed if it is required by law or permitted by a contract or by written consent.”

Oliver gave his top tips for employers:

Be clear about how tips are distributed Do not use tips to make up national minimum wage Do not make unlawful deductions from wages Remember that you may need to pay whilst absent from work (i.e. holidays, sick leave, parental leave etc.) if the calculation is based on the employee’s average remuneration.

Enjoyed this? Read more from Napthens

Latest news

1

Lancashire engineering firm teams up with Icelandic energy company Ritherdon deal with Icelandic energy company

Lancashire engineering firm teams up with Icelandic energy company

06 Mar 2026

2

Burnley chosen for second-ever digital and tech festival Leon Caverley Door4 Mark Edwards Seriun Cat Mawdsley Northern Reach Dave Walker and Liz Wilkinson Brandlifi

Burnley chosen for second-ever digital and tech festival

05 Mar 2026

3

CRC Evans accelerates global growth strategy Steven Mackay

CRC Evans accelerates global growth strategy

05 Mar 2026

4

Star Academies set to anchor £45m Blackburn town centre scheme The regeneration in Blackburn

Star Academies set to anchor £45m Blackburn town centre scheme

05 Mar 2026

5

Forbes buys specialist employment practice in growth move Pauline Wild, Nick Jones, Jonathan Holden, Dan Bickerstaffe,Simon Ost

Forbes buys specialist employment practice in growth move

04 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women Growing Together in Lancashire
IWD Lancashire March 2026 Landscape Graphic Final
LBV Hub Networking
07 Mar 2026 - 07 Mar 2026

Women Growing Together in Lancashire

Dalvee Restaurant, Lancashire

10:00 - 14:00

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin