F1PART 2BTIPS, GRATUITIES AND SERVICE CHARGES
F2Enforcement
Ss. 27K-27M and cross-heading inserted (31.7.2023 for specified purposes) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 7, 14(2); S.I. 2023/876, reg. 3(a)
27LDetermination of complaints about tips etc
1
If an employment tribunal finds a complaint under section 27K well founded—
a
it must make a declaration to that effect, and
b
it may—
i
2
An order made under subsection (1)(b)(i) may in particular—
a
require the employer to revise an allocation made by the employer under section 27D;
b
make a recommendation to the employer regarding that allocation;
c
require the employer to make a payment to one or more workers of the employer in accordance with this Part (including a worker who is not the complainant).
3
A recommendation made under subsection (2)(b) is not binding on an employer, but is to be admissible in evidence in proceedings before an employment tribunal; and any provision of the recommendation which appears to the tribunal to be relevant to any question arising in the proceedings is to be taken into account in determining that question.
4
An order made under subsection (1)(b)(i) following a complaint presented by a worker does not prevent a different worker from presenting a complaint under this Part in relation to the same employer or the same qualifying tips, gratuities and service charges.
Part 2B inserted (31.7.2023 for specified purposes) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a)