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Can a restaurant charge an optional service charge without asking?

25 replies

MerryMarigold · 11/09/2022 09:20

Just that really. Took my ds out last night and when I paid it was more than I expected. They had put on around 12% 'optional service charge'withouth asking if I wanted to (I would have said yes).

Surely it is polite to ask, but is it also legal to add it on without asking?

OP posts:
Hotandbothereds · 11/09/2022 09:22

Lots of places will add it on but you can ask for it to be removed before you pay, I assume you saw the bill before you paid but didn’t notice?

Cynderella · 11/09/2022 09:22

They can and do - has been happening for years.

lisavanderpumpscloset · 11/09/2022 09:22

Surely if it's 'optional' then you should've been given the choice

Mypy · 11/09/2022 09:23

They count on us being far too British to ask for it be removed.

Whataday247 · 11/09/2022 09:24

Yes they can. I find it really cheeky. You can ask for it to be removed.
even if I was going to leave a tip and they add it on I ask for it to be removed. I will decide whether and how much tip I will leave.

hugoagogo · 11/09/2022 09:26

I have been caught by this. I always ask for it to be removed.
The food needs to be bloody brilliant for me to go back!

MerryMarigold · 11/09/2022 09:26

They put the bill down and brought the card machine at the same time. I didn't check the bill breakdown right away whilst they were standing there with the card machine, as it was clearly not massively wrong. But afterwards I was a bit Hmm. I usually just leave a cash tip (I am old) or if they have an option on the machine that you can add it then I do that to an amount of my choice.

OP posts:
johsq20 · 11/09/2022 09:29

I HATE when places say it's optional and then stick it on the bill forcing you to ask for it to be removed. That's not optional that's coercion. They know full well people will feel too awkward to ask for it to be removed. If I see it stuck on, I ensure j get them to remove it.

It's especially cheeky when the service isn't even good and you've been out for a meal for 2 - that doesn't warrant paying 12.5% service charge!

mrsbyers · 11/09/2022 09:32

I’ve always seen it mentioned on the menu in very small print but there

GoldenGorilla · 11/09/2022 09:32

Yeah you should always check the bill, I realised a restaurant near us was adding a ten percent service charge then the card machine also prompts you to tip which loads of people do without realising they’re paying both!

TimetohittheroadJack · 11/09/2022 09:34

the last two restaurants we went to both did this, and as a result I’ll not be going back!

SavingsThreads · 11/09/2022 11:53

Perfectly legal, it's always mentioned in the menu somewhere. Sometimes it's just for large parties (eg at pizza express).

I don't think I've eaten anywhere that doesn't do this for years now, it's so common

WeAreTheHeroes · 11/09/2022 11:56

It was optional - you could have asked them to remove it. It is compulsory service charges which must be publicised to diners, e.g. on the menu, etc.

tectonicplates · 11/09/2022 12:23

Technically it's optional, but realistically, they get away with it because they know most people will be too timid to refuse it.

reluctantbrit · 11/09/2022 12:40

It's normally mentioned at the bottom of the menu. It's often only for a group of 4-6+ people in my experience, not a table of 2.

I have asked for it to be removed more than once and I left a smaller tip.

As I now have not a lot of cash with me and often there is no option to add a tip to the card payment I am more happy to pay it.

Divebar2021 · 11/09/2022 14:03

It’s so common I’m surprised this is the first time you’ve encountered it.

MerryMarigold · 11/09/2022 21:13

Divebar2021 · 11/09/2022 14:03

It’s so common I’m surprised this is the first time you’ve encountered it.

We very rarely eat out! Mostly the local Indian but this was in London town. Unfortunately the food was great but a bit of a treat, so will probably go back at some point a bit wiser. If I go with DH he will no doubt ask for the charge to be removed!! The service was very minimal. We were only in there about 45 minutes, one drink, one main and that's it.

OP posts:
MerryMarigold · 11/09/2022 21:16

Also, does anyone know if this actually goes directly to the waiters on top of wages or is it absorbed by the restaurant and used to give them minimum wage?

OP posts:
Hoppinggreen · 11/09/2022 21:18

If the service is ok I don’t mind too much (although I would prefer it if it wasn’t there). BUT I have insisted it was removed when I have had bad service. They called the manager but I wasn’t having it

EllieRosesMammy · 11/09/2022 21:22

MerryMarigold · 11/09/2022 21:16

Also, does anyone know if this actually goes directly to the waiters on top of wages or is it absorbed by the restaurant and used to give them minimum wage?

I know one place that does the whole "optional service charge" who pay their staff minimum wage. Not sure how the tip is shared out tbh. Tipping bugs me sometimes too as I'm a chef and we never ever see the tips, eventhough we were the ones working our arses off making the food, the server just carried the plate to you 🤦‍♀️

Divebar2021 · 11/09/2022 21:40

It’s pretty common in London. You can’t say with certainty that the waiter will or will not get a tip as each restaurant has their own policy. Some of the chains were notorious for not giving tips paid on card to the staff. I always ask the staff before paying whether they get it or not and if no then remove the surcharge and pay in cash instead.

swimlyn · 11/09/2022 22:02

I think they do it because they know diners don't want to study a bill, and also because they'd like a cash tip as well.

Remove it, and leave half of what it was in cash...

RosieCockle · 11/09/2022 22:07

Surprised you've never seen this before

MerryMarigold · 11/09/2022 22:32

RosieCockle · 11/09/2022 22:07

Surprised you've never seen this before

Well they don't do it in McD's! (Not joking)

OP posts:
Precipice · 11/09/2022 22:52

A related question: if it says on the menu in small print that 10% service charge will be added (and doesn't say discretionary), is this something that can be objected to and taken off? They certainly make it sound like just part of the price, but broken down elsewhere. There's a place near me that does that (even for their buffet!)

I think this is a shocking and objectionable practice. If they want to charge 10%, they should increase all the prices by 10% instead.

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