Hotel waiter claiming service charge goes to the big bosses

[FleurdeLion]

I am a former trade unionist who has campaigned for fair tips for staff. I've also worked as a kitchen porter who benefitted from the tronc system where the service charge automatically applied to restaurant bills paid by card, was shared among waiting and kitchen staff.

As of October 2024, 100% of any service charge or tip paid by card must be shared via the tronc system.

This evening I ate at a Hilton airport hotel restaurant where a 12.5% service charge was added to the bill. I know that I can ask for this amount to be deducted from the bill, and that I can give a cash tip that will go directly to the waiter.

I don't generally carry cash and I have been happy to pay a service charge, knowing that it goes to the tronc. Personally I think 12.5% is probably a bit much. I would prefer a 10% charge, or for the hospitality industry to pay people properly. But I am willing to pay the service charge, knowing it will be distributed to the kitchen and waiting staff.

This is not about tipping.

This evening, the waiter said that the service charge doesn't go to him but to "the big bosses" and can be removed. We witnessed him saying the same to an American couple at the next table who paid the full bill with the service charge and gave him a cash tip, saying that this was for him. I don't care what Americans do. If they want to give him cash, I'm fine with that.

I asked him if the money went to the tronc and he wouldn't say yes. I pointed out that the law says all the service charge must be shared by the staff and asked him if the company was breaking the law. Again he wouldn't say yes.

Am I being unreasonable in thinking that he wanted to get the full tip for himself and not share it with the rest of the team?

Should I mention his approach to the restaurant manager? I imagine that he might lose his job or at the very least be disciplined for talking to diners in this way?

But it seeds distrust with diners that the law is not being followed and implies that this mega hotel chain is screwing over its staff.

YABU - who cares, give him a cash tip instead of the service charge.
YANBU - mention it to the hotel management, because he's a CF.

If 100% goes to the staff that is better than 0.1% going to the profits

Get off your high horse and mind your own business

It's more likely that the employer is screwing them over and once he realised you might take it further from your questioning, he thought 'Oh, shit, it's a mystery shopper and I'm going to get fired for this'.

This. Get a life OP. Spend your energy on something meaningful

If....

You’re a former trade unionist and you’re taking the management’s side? No wonder it’s “former”.

The law has changed—as of 1 October 2024, the Employment (Allocation of Tips) Act 2023 makes it illegal for employers to withhold any tips or service charges from staff. All tips must be distributed fairly via a tronc system or similar mechanism, with transparency and written policy. That includes both cash and card payments, though cash tips can still be pocketed unless there's a declared tronc agreement that includes them.

This waiter is screwing his colleagues.

The waiter is only screwing his colleagues if his employer is adhering to the law. The catering industry is infamous for screwing its staff and it’s naive in the extreme to believe the introduction of a new law has made a blind bit of difference.

No, I'm taking the side of the kitchen staff who are not getting their share off the service charge because he is encouraging customers to give him a cash tip, leaving the others out.

He is trying to boost his own income at the expense of his colleagues and misrepresenting both the law and his employer to do itl. It's unethical. He's getting more money because the unions campaigned and won so that all the service charge goes to the staff. But he's not sharing that with the staff who cook the food or wash the dishes.

And why would Hilton not comply with the law when they have to be transparent and publicise their accounts and policy?

Oh dear.

Yes. I know the law has changed. You don't have to repeat it.
I still don't believe that the staff with lowest salary on the floor see a fair share of these allocated on card money. At all.

You're confident that his employer are up to date on the legislation and following it to the letter?

Just like - there's a minimum wage and all employers observe it?

Former union rep.
If if was me, I think I'd have asked another member of staff if it were true. Another waiter or a member of bar staff

You obviously have no idea how much work has been put into this law and making it work. I am sure that your local restaurant is probably ignoring it, but a big chain like Hilton will be complying because the policy has to be public and the staff have a right to know. They know how much is being charged to the customer, how much they each should get and will kick off if they are being topped off.

They know how much is being charged to the customer, how much they each should get and will kick off if they are being topped off.

And then they’ll get sacked. Your faith is touching.

It's the hilton. They have to comply. Because they have a large number of unionised staff and an investigation would be terrible for their reputation.

I would complain that the waiter was dragging me in to his employment issues with his employer when I was trying to have a fucking meal.

With all due respect, when I tip waiting staff, it is because I have been pleased with the service I have received from that individual.

I did ask another member of staff who said they share the tronc and he shouldn't be telling customers that it goes to the hotel.

I have asked for the tronc policy.

Hilton's reputation isn't great, is it?
I have never heard anyone say Hilton is a generous employer for staff on floor.

You can't sack everyone. They're is a massive shortage of hospitality staff.

https://www.bbc.co.uk/news/business-43332875.amp

Just plucking this one from the top of the Google list.

Wagamamma - not paying minimum wage.

You'd think they'd comply... that their reputation would be too valuable. but they didn't. Its almost like some of these companies don't care.

You can sack anyone who rocks the boat and the staff know it.

I’m far more inclined to believe the waiter than that a massive corporation is following the law. Because large corporations have such a good track record

OP, either you report the waiter, you’re right, and you get him fired.

or

you report him, you’re wrong, he’s actually telling the truth, and the corp fires him for exposing their dirty practices.

Either way he gets fired. Do you feel good about that? Can you live with the fact you might be wrong and have lost a man his livelihood?