10 General
Employment (Allocation of Tips) Act 2023 (2023 c 13) | Legislation

10 听骋别苍别谤补濒

After section 27T of the Employment Rights Act 1996 insert鈥

鈥淕别苍别谤补濒

27U聽No restitution claims by employer

(1)聽聽聽聽 This section applies where鈥

(a)聽聽聽聽 a worker is allocated an amount of qualifying tips, gratuities and service charges in accordance with section 27D(1) (the 鈥渙riginal allocation鈥),

(b)聽聽聽聽 the employment tribunal makes an order under section 27L(1)(b)(i) that has the effect of requiring the employer to revise that allocation,

(c)聽聽聽聽 the employer subsequently revises the amount of qualifying tips, gratuities and service charges allocated to the worker (the 鈥渞evised allocation鈥), and

(d)聽聽聽聽 the amount of the revised allocation is less than the amount of the original allocation.

(2)聽聽聽聽 The difference between the amount of the revised allocation and the amount of the original allocation is not payable by the worker to the employer (and accordingly the employer may not bring proceedings in a court or tribunal to recover from the worker or an agent (as the case may be) the difference between such amounts based wholly or partly on the employment tribunal order).

(3)聽聽聽聽 For the meaning of 鈥渁gent鈥, see section 27H.

27V聽Relationship with contractual rights

(1)聽聽聽聽 An entitlement of a worker to be allocated

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