The Act is the underlying legislation, passed last year. The Code of Practice, once approved, will provide statutory guidance on how to comply with the Act. Non-compliance with the Code of Practice doesn’t give rise to an action in itself, but it will be admissible as evidence in Employment Tribunal proceedings and can be taken into account. The Code of Practice will be supported by non-statutory guidance which is yet to be produced.
The updated Code of Practice was published on 22 April, 2024.
The most significant change is the delay to implementation, with the Act and Code of Practice likely to take effect from October 1, 2024 rather than July 1, 2024 as was previously expected.
Although little has changed between the draft and updated versions of the Code of Practice, the updated version does try to give a little more clarity and reassurance around some aspects of the draft documentation:
- Giving an example of digital tipping, where a customer uses an app to directly tip members of staff and bypass the employer, is confirmed to be outside the scope of the Act.
- It was confirmed that non-monetary tips, such as tokens, vouchers or casino tips, are included in the scope of the legislation if they are “received or controlled” by the employer.
- Timely pay out means employers must ensure that tips are paid out, at the latest, by the end of the month after they were left by the customer.
- The list of factors to consider when considering the fair allocation of tips have been updated, and now includes “hours worked when tips are received”.