In Annabel's (Berkeley Square) Ltd and others v Commissioners for Her Majesty's Revenue and Customs  EWCA Civ 361 CA, the Court of Appeal held that, where restaurant or bar tips are paid to staff through a third-party "troncmaster" (from the troncmaster's bank account), the money received by the staff in this way is not "paid by the employer" for the purposes of the National Minimum Wage Act 1998. The employment tribunal had therefore erred when it decided that three employers could count money distributed by a troncmaster towards their obligation to pay the minimum wage.
The Court of Appeal has upheld an Employment Appeal Tribunal decision that tips and service charges distributed by troncmasters did not count towards the national minimum wage.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.