‘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

Farleys Solicitors named headline sponsor of the 2026 Blackburn Beer Festival Blackburn Beer Festival 2025

Farleys Solicitors named headline sponsor of the 2026 Blackburn Beer Festival

16 Jan 2026

2

EG Group sets off on $9bn floatation journey EG

EG Group sets off on $9bn floatation journey

16 Jan 2026

3

World class cyclists heading to Lancashire for Tour de France 2027 The Tour de France launch event

World class cyclists heading to Lancashire for Tour de France 2027

16 Jan 2026

4

Cautious optimism for dealmakers in 2026 says leading corporate finance expert Stephen Robinson of PM+M

Cautious optimism for dealmakers in 2026 says leading corporate finance expert

15 Jan 2026

5

Greater Lancashire Hospital opened by Maya Ellis MP Sara Rajiah, Executive Director, Greater Lancashire Hospital and Bespoke Healthcare Group; Maya Ellis, Member of Parliament for Ribble Valley; Gwam Rajiah, Executive Chair, Greater Lancashire Hospital and Bespoke Healthcare Group.

Greater Lancashire Hospital opened by Maya Ellis MP

14 Jan 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
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

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

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

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