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New Law to Ensure Tips not to be Used as Part of NMW

The government has announced plans of a new legislation that makes it illegal to include tips as part of the payment of National Minimum Wage (NMW). Employers will no longer be allowed to use service charges that are processed through the payroll to bring wages up to the NMW.

Due to rise in October, from £5.52 to £5.73, the NMW legislation is this year celebrating ten years since its introduction.

In the UK, it is customary to many people when visiting a restaurant, or other establishment where a service is provided, to leave a tip. This money is intended as a gesture of appreciation of the good standard of service received. The government have decided therefore, subject to a recent ruling against an employer, tips should be an additional contribution to a basic wage, rather than a way of reaching it.

A consultation on the implementation of the regulation will be launched in the autumn.

Guidance for both workers and employers will be issued following the consultation to ensure a smooth transition when the regulations come in to force. This is unconfirmed, but forecast to be some time in 2009.