- Latest available (Revised)
- Point in Time (31/07/2023)
- Original (As enacted)
Point in time view as at 31/07/2023.
Employment Rights Act 1996, Section 27W is up to date with all changes known to be in force on or before 13 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A prohibited reimbursement provision in an agreement between an employer and a worker (whether in a contract of employment or not) is void.
(2)A provision in an agreement is a “reimbursement provision” if it purports—
(a)to require the worker to make a payment to the employer, or
(b)to reduce any part of the wages payable to the worker by the employer.
(3)A reimbursement provision is “prohibited” if there is a relationship between—
(a)the payment or reduction, or the amount of the payment or reduction, under the reimbursement provision, and
(b)either—
(i)the worker being allocated qualifying tips, gratuities and service charges, or
(ii)the worker receiving worker-received tips that are not qualifying tips, gratuities and service charges.
(4)The circumstances in which there is a relationship of the kind mentioned in subsection (3) include circumstances where—
(a)the possibility of the worker being allocated qualifying tips, gratuities and service charges,
(b)the amount of qualifying tips, gratuities and service charges to be allocated to the worker,
(c)the possibility of the worker receiving worker-received tips that are not qualifying tips, gratuities and service charges, or
(d)the amount of worker-received tips that are not qualifying tips, gratuities and service charges to be received by the worker,
is wholly or partly dependent on the reimbursement provision having been agreed.
(5)This section is without prejudice to section 203 (restrictions on contracting out).]
Textual Amendments
F1Ss. 27U-27Y and cross-heading inserted (31.7.2023 for specified purposes) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 10, 14(2); S.I. 2023/876, reg. 3(c)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: