Waitress - Tips - this feels unfair

[NoTipsForMe]

I'm a waitress on minimum wage, part-time, in a fine dining restaurant.

The business I work for does tip share in a weird way and I feel it's really unfair. If you work 6 hours or less then you don't get any tips at all. I'm consistently given 5.5 hour shifts (lunchtime) meaning I don't see a penny of the tips I get given by customers.

I'm good at my job, I have great feedback from customers. I get a lot of tips. Every other restaurant I've worked for tips are pooled and then shared out based on the number of hours you work.

It feels really unfair and I can't help feeling a bit bitter about it all and like I don't want to work as hard. that's unreasonable I know but tips in this job can make such a huge difference.

I do have Autism so I can be very black & white in my sense of justice? Am I being completely unreasonable to be annoyed by this?

Slightly take back my comment.
Tips should be relevant to the server of the table/area with a percentage given to the non tip-able roles.

But why is the server in section 1 sharing tips with server in section 2? Doesn't make sense

@ThunderSnowDrop

My son worked in kitchens and DID get a share in tips! It's so variable it seems.

Yeah, I have worked in a lot of different restaurants, all over the country, and in my experience it is normal practice for the kitchen to recieve a share of the tips. The one place I worked where BOH did not recieve tips was where BOH were all paid fairly, well above living wage even for the kitchen porter, and FOH were all paid NMW.

Can you get work elsewhere? I've had a quick scan of the laws around tipping and what it seems to say is that 100% of tips have to go to staff, but crucially doesn't say that any of the tips have to go to the person who was serving. I would seek advice from ACAS if you can (assuming you're in the UK) and see if what they are doing is reportable as an unfair employment practise.

I'm assuming that the 'favourites' get the long shifts, or the ones most likely to kick up a fuss. They clearly see you as a soft touch since you've been accepting whatever they give you. It was me I would write to them telling them that you are not prepared to do any shift less than 6 hours and you want at least one (or however many) full shift per week. But honestly it sounds like they are total bastards and you would be better off working somewhere else.

That is extremely unfair. I’ve worked in restaurants all my life and usually tips are split either evenly over the month or at the end of each shift between those who worked that shift.

Part timers should get benefits pro rata. This model effectively uses lunch shift workers to subsidise long shift wages. Out of interest does this result in women losing out more than men?

What did they say when you queried it and asked why tips are not shared on a pro rata basis?

Also find another job and ask them their tips policy before accepting.

@NoTipsForMe

The tips get given to those who work full-time.

For example, yesterday there were 5 FOH staff working, 2 of us worked 5.5 hours, the other 3 worked 11 hours. Those 3 people will recieve ALL of the days tips. When I finished and I checked my card payment receipts for my tables I had over £100 on gratuity. None of it will be given to me.

It just feels a bit rubbish.

That is actually shocking.

Look for another job.

And I would be saying to the tipping customers "thanks, I'll give it to my manager" or "thank you, just to let you know I don't get to keep the tip" and explain further if they ask. It sounds like you will be leaving anyway.

How many other staff consistently work 5.5 hours and are in the same position?
It does seem very unfair - the arbitrary cutoff that just happens to exclude you (and others?)

I would tell customers not to tip as you don't get to keep them.

I wouldn't tip if the waitstaff didn't get to keep it

I would honestly not tip if I knew my server got none of it.

That isn't fair at all.

@Aroundtheworldin80moves

I would honestly not tip if I knew my server got none of it.

That isn't fair at all.

I tip in cash for that reason wherever possible. Unless there is a clear policy stated to explain how tips are shared then I assume anything other than cash goes into the manager's pocket or is not shared equally.

This is discrimination, the prevention of less favourable treatment of part time staff regulations means you have to be treated equally. I would talk to ACAS.

One option is that the tips are pooled and you receive a % based on length of shift. Another is to look at % contributed.

That's not right. Speak to ACAS as pp said.

Nope nope nope!

The good thing about working in restaurants is that it's easy to get a job in another restaurant. Don't put up with this, they are taking the absolute piss! Leave. And make sure you tell them why you are leaving.

My ds used to work in a pub kitchen, then as a waiter, then bar staff. He was always included in the tip share out whatever hours or role he worked. This made a big difference to him as a young lad in his first part time job. They treated him well and he stayed until he left for uni.
Op - I would look at leaving and getting a new job. Or ask the manager if he/she would consider changing their ridiculous policy. (Maybe don’t call it ridiculous to their face!)

Well I'm glad everyone agrees with me that it is unfair.

I can't drive and I'll struggle to find a job elsewhere otherwise I would leave.

I might take the risk of saying something though. But I don't know how I would say it diplomatically.

Do you also end up missing out in other ways like being expected to be in earlier than your shift starts or work later? Stupid clocking in/out rules that pay to the closest 15 minutes so you could end up working up to 14 minutes at the beginning and/or end of a shift for nothing? Do you get breaks and holiday pay? Many of those things also go on which then take wages below NMW - where there's one unfair rule like the tips there's often many legal breaches too.

TBF, all clocking in and out is done with Bright and all breaks are paid.

It's just this bloody tips issue and it's making me really resentful. Sometimes the full-time people will get a 5.5 hour shift but very rarely. It is mainly me and one other woman who get scheduled for the 5.5 hours.

I'm just about to start another 5.5 hour shift, the other staff are all 11+ hours. I've got the biggest section today, fully booked, a couple of big groups = high tips. Won't see a penny of them and I'm annoyed.

This is bollocks, tips should be per shift or pro-rata. Are you the only staff member doing under 6 hours?

Tips make a massive difference to your income.

And the pp saying FOH is easier lives is some kind of fantasy land.

Of course it's unfair! I would presume that if I tipped my waitress that at least some of that tip would be hers to keep.

As a waitr I refused to work anywhere that didn't have a system where I worked specific tables and kept specific tips for this reason - I gave better service and wanted the reward the customer left for me! I was in London last week and asked at the 6 restaurants I ate at, not once did the waiter receive the 'service charge'. At 3 restaurants I could leave them a cash tip which they received. I think it is fraud and deceiving customers who blatantly think they are leaving the waiter the service charge/tip!

Talk to ACAS they will advise you how to approach this.

Personally I would be asking to talk to whoever made the rules regarding tips. I would then ask them politely why are part time staff being discriminated against. Also ask for a copy of their grievance process so you can lodge a claim for discrimination.

I'm scared of being fired if I say anything.

Have you worked there for more than 2 years?