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Minimum wage: Tips paid through "troncmaster" do not count towards minimum wage

This report relates to 1 case(s)

In Annabel's (Berkeley Square) Ltd and others v Commissioners for Her Majesty's Revenue and Customs [2009] 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.