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)
27KComplaints to employment tribunal about tips etc
1
A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with—
a
section 27D (how tips etc must be dealt with), or
b
section 27G (when tips etc must be dealt with),
in relation to the worker.
2
3
An employment tribunal must not consider a complaint under this section unless it is presented before the end of the period of twelve months beginning with the date of the failure to comply.
4
But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint to be presented before the end of the relevant period of twelve months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.
5
If a complaint is presented under this section in respect of a series of failures to comply, the reference in subsection (3) to the date of the failure to comply is to the date of the last failure in the series.
6
7
Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3).
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)