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Nando's refusing to pay tips to worker

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  • Nando's refusing to pay tips to worker

    Hi,

    I'm asking this on behalf of my Spanish housemate – her English isn't so good when it comes to legal terms/contracts, etc.

    She works for Nando's 6 days a week. Her day off is Sunday. Yesterday she came home fuming, because she had been left out of the tips division. When she asked the manager why she had been left out, the manager told her that it was because she hadn't attended a staff meeting last Sunday at 8:30am. Previously the manager had told her that the staff meeting was mostly for any grievances any employees had, and to chat about how things were going and how people were getting on, etc. She was also told it wasn't compulsory. My housemate finished her Saturday shift at 1am and got in at 2am. In order for her to get to work for the 8:30 meeting, she would have had to get up at 6.30. As things were going well (she's a good, hard worker and gets on well with everybody) she felt that she didn't need to attend.

    Can Nando's withold her tips because of her not attending this meeting? I asked her how the tips are collected and she said most of them are cash payments left by customers to their waiters/waitresses. I thought that cash tips left for the server should go directly to the server unless the till is down, in which case the employer can use them to make up the balance?

    She texted her boss last night to ask to see a copy of a contract today (she can't find her copy that she signed when she joined Nando's) and the boss is causing difficulties, saying that my housemate doesn't need to see her contract because there's nothing in there about tips, it's just something that Nando's do.

    Can anyone offer her any help/advice? I feel like she's being taken advantage of because her English isn't the best and she's too gentle to cause a stink.
    Tags: None

  • #2
    Re: Nando's refusing to pay tips to worker

    Sounds like the manager put her share in his pocket.

    Get a copy of the contract. Contact head office HR if necessary. What is custom and practice there? I assume that she is not a member of a trade union.

    I wonder what the security department at head office would make of this - after all, if he's fiddling that, then he is very probably fiddling the tills too ...

    Comment


    • #3
      Re: Nando's refusing to pay tips to worker

      It also sounds like he is putting Nandos in breach of Working Time Regulations. Isn't there supposed to be an 11-hour gap between shifts? When would your flatmate's next shift have started after finishing at 1.00 am, excluding this staff meeting?
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Nando's refusing to pay tips to worker

        Originally posted by bluebottle View Post
        It also sounds like he is putting Nandos in breach of Working Time Regulations. Isn't there supposed to be an 11-hour gap between shifts? When would your flatmate's next shift have started after finishing at 1.00 am, excluding this staff meeting?
        The next shift would have been Monday, 10am.

        Originally posted by enquirer View Post
        Sounds like the manager put her share in his pocket.

        Get a copy of the contract. Contact head office HR if necessary. What is custom and practice there? I assume that she is not a member of a trade union.

        I wonder what the security department at head office would make of this - after all, if he's fiddling that, then he is very probably fiddling the tills too ...
        Well she has received her tips in the past, despite not attending staff meetings. Not a member of a union, no. Thanks for your help guys.

        Comment


        • #5
          Re: Nando's refusing to pay tips to worker

          Does she work full-time or part-time? It seems that there is only a 9-hour gap between shifts.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Nando's refusing to pay tips to worker

            She could be working Nights one week and day time shift the next week BB. - Though it would help if the OP could provide us details of their flatmates shift patterns.

            As for not paying her her share of tips, this could be victimization (Suffered a Financial Detriment).

            Has your Flat Mate had any issues at work with this manager before, such as bullying, harassment, verbal abuse, or sex/racial discrimination? - Very important you tell us if she has!
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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            Comment


            • #7
              Re: Nando's refusing to pay tips to worker

              Hi folks,

              Not sure about this.

              Tips are 'gratuities' - I don't think that there is a 'right' to them.

              The only right, as far as I know, is for remuneration as per the employment contract.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Nando's refusing to pay tips to worker

                Originally posted by teaboy2 View Post
                She could be working Nights one week and day time shift the next week BB. - Though it would help if the OP could provide us details of their flatmates shift patterns.

                As for not paying her her share of tips, this could be victimization (Suffered a Financial Detriment).

                Has your Flat Mate had any issues at work with this manager before, such as bullying, harassment, verbal abuse, or sex/racial discrimination? - Very important you tell us if she has!
                As far as I'm aware she works from 10-6pm on some days and 5pm-1am on others. Generally there doesn't seem to be an issue with her shift patterns.

                She hasn't had any issues with this manager before, no. What makes it stranger is that in the past, she has received her tips despite not attending any of these staff meetings. She was informed that the meetings were more for the senior members, but open to waiters and waitresses nonetheless.

                Originally posted by charitynjw View Post
                Hi folks,

                Not sure about this.

                Tips are 'gratuities' - I don't think that there is a 'right' to them.

                The only right, as far as I know, is for remuneration as per the employment contract.
                I thought a difference was made regarding whether tips were left as cash payments to the server, or service charges added on to the end of a bill?

                Comment


                • #9
                  Re: Nando's refusing to pay tips to worker

                  Have been reading up about this and had no idea how complicated (Byzantine) it is. Has anyone else even heard of a Troncmaster?

                  http://www.hmrc.gov.uk/helpsheets/e24.pdf

                  Comment

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