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'When you or I sit down in a restaurant, we need to know our tips are going directly to staff'

When a customer provides a tip after satisfactory service, they should know exactly where that money goes, writes Minister Regina Doherty.

WE’VE ALL DONE it. 

After an enjoyable meal with good service, you naturally pay your bill but you also want to give a little extra. So, you leave a few more Euros on the side to simply say thank you to the staff that have made your night that little bit more enjoyable.

That tip or gratuity is the human element of the transaction – the happiness of the customer rewarding the friendliness and professionalism of the establishment’s employee.

I thought it seemed straightforward and up to a while back had assumed that this transaction was as simple as that.

Holding tips back

Then I met and sat down with front line workers, particularly waiters and waitresses in the restaurant sector. Unfortunately, in some establishments it appears that tips are actually being held back, not being distributed to employees and, in some cases, subsidising the employer.

I know that this practice isn’t widespread but I have heard enough stories first-hand from young professionals in the hospitality industry to know it is happening in some places.

This is not on.

When you or I sit down in a restaurant or hotel or any similar establishment, we need to know where our tips go and we need to be reassured that they are going directly to staff.

So how do we do that?

Well, last year I tasked the Low Pay Commission – a body which has representation from a wide range of stakeholders including workers representatives – to investigate the possibility of regulating tips.

The Commission unanimously and strongly recommended against introducing heavy regulation or primary legislation in this area.

Some politicians in opposition parties have indeed proposed legislation to tackle the issue. I appreciate and share their desire to do something but the Low Pay Commission has warned that this type of legislation is a blunt instrument and could have unintended negative consequences for low paid workers including a potential reduction in their take-home pay.

However, I am determined to ensure greater fairness and transparency when it comes to workers tips and, thankfully, there are other ways to address this issue – ways which will work.

One of the issues highlighted anecdotally in recent months has been the cases where some restaurants have been using tips and gratuities to make up a portion of the wages staff have been contracted on.

Tips, as we all assume when we leave them on the plate, are an ‘extra’ for staff to reward good personal and professional service. They are not considered by customers as a subsidy to employers to assist them to pay wages.

Payment of Wages Act 

I am not happy that such practices exist and that is why I am introducing an amendment to the Payment of Wages Act so that tips cannot be used to make-up or satisfy payment of contractual rates of pay. This will close off once and for all a behaviour that, while not widespread, does exist and which I believe unfairly gives the whole hospitality industry a bad name.

Legislation is currently being drafted by officials in my Department and the approach being taken will provide further protections for low-paid workers, without falling foul of the risks and adverse consequences for workers set out in the recent Low Pay Commission Report.

I expect to publish this draft legislation in the coming weeks and I would hope all parties who truly care about this issue will support it.

The recent media coverage of this issue has prompted many of us to question exactly where our tips go. For that reason, I think we also need greater transparency.

Therefore, I will also be providing for a requirement on employers to clearly display their policy on how tips, gratuities and service charges are distributed in their premises.

When you walk into a restaurant or hotel in future, you will know where your tips are going.

To be fair, having met with representatives of restaurants, hotels and pubs amongst others, they are happy to work with us on this. Everyone – customers, staff and employers will benefit from improved and very public clarity on how tips are distributed.

Despite the complexity involved in dealing with an issue such as this, it is possible to develop effective measures to ensure employees always receive the tips due to them.

When a customer provides a tip after satisfactory service, they should know exactly where that money goes. And, ultimately, it should go to the employee.

Regina Doherty is the Minister for Employment Affairs & Social Protection and a TD for Meath East. 

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37 Comments
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    Mute Larry Whack
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    Oct 19th 2020, 5:38 PM

    Would yee ever just…

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 6:55 PM

    @Larry Whack: Ever just what? I suppose you’re missing licking the lead paint off your toys? Or is it spraying CFCs into the atmosphere you miss? Both of those examples are hyperbole and the implications of this study are yet unknown as is stated in the article. We can hope that the implications are minor/negligible but that doesn’t mean that the public should be kept in the dark, we’re all adults and should be able to read what is written.

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    Mute Larry Whack
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    Oct 19th 2020, 7:19 PM

    @Diarmuid Hunt: Yikes!

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 7:23 PM

    @Larry Whack: Yikes what? Any chance you’d elaborate?

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    Mute Barry
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    Oct 19th 2020, 5:41 PM

    We really need to move away from plastics.

    More bottles should be made of glass as this can be recycled better and cheaper.

    With plastics you can’t recycle them, instead plastic can only ever be down cycled to lower quality plastic each time.

    180
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    Mute Rachel O' Meara
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    Oct 19th 2020, 5:52 PM

    @Barry: Fair point but they used glass bottles in the past, they were notorious for chipping and breaking causing injuries. The rubber nipples were also notorious for harbouring harmful bacteria. As much as plastic bottles have flaws they are currently still the best we have.

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    Mute Jacqui Russell
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    Oct 19th 2020, 6:00 PM

    @Rachel O’ Meara: I use glass bottles now – a few of the brands have started selling glass. They seem to bounce pretty well so far! I’m a little sad that it’s much harder for him to hold it himself, but he’ll get there.

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    Mute Rachel O' Meara
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    Oct 19th 2020, 6:03 PM

    @Jacqui Russell: Didnt know that, tbh it’s been a few years since I’ve dealt with all that. Are they pyrex do you know? Great news if they can make it work.

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    Mute Martin Byrne
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    Oct 19th 2020, 6:40 PM

    @Rachel O’ Meara: I don’t remember the glass bottles chipping. Plastic will be seen soon as the disaster that it is. We might be comfortable with it, but it’s disgusting. We need to move away from it.

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    Mute Caroline Moran
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    Oct 19th 2020, 5:54 PM

    Breastfeeding is always best, if it’s an option for the mother.

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    Mute Ned Gerblansky
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    Oct 19th 2020, 5:43 PM

    If that’s the case, Katie Price’s children must be consuming it by the pound.

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    Mute CAMILA REMONA
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    Oct 19th 2020, 6:38 PM

    @Ned Gerblansky: classic

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    Mute Betty Davis
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    Oct 19th 2020, 5:43 PM

    My favourite part of the story is where the alarming news shouldn’t thought of as alarming.
    It’s almost like the formula companies need to make formula at any cost

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    Mute Anú Ni Shúilleabháin
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    Oct 19th 2020, 9:09 PM

    @Betty Davis: ya it’s our main dairy export…. 15% of the dairy industry.
    Actually when I think of it, no one mentions production of formula as a contributor to environmental damage.

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    Mute Dermy
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    Oct 19th 2020, 5:50 PM

    Didn’t do me no harm

    30
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    Mute EillieEs
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    Oct 19th 2020, 6:20 PM

    @Dermy: two negatives make a positive so what harm has it caused you?

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    Mute Craic_a_tower
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    Oct 19th 2020, 5:50 PM

    You know they reckon that every human being has the chemicals from non stick pans in their body including isolated tribes because it has spread everywhere.

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    Mute Sam Harms
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    Oct 19th 2020, 5:54 PM

    @Craic_a_tower: I didn’t know about this until I watched Dark Waters!

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 7:04 PM

    @Sam Harms: Sounds interesting, must give it a watch.

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    Mute Peter 'Nocky' Naughnane
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    Oct 19th 2020, 8:10 PM

    @Sam Harms: that movie is truly an eye opener. Ruffalo is brilliant in it.

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    Mute Sinead Merrigan
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    Oct 19th 2020, 6:20 PM

    What goes in will come out the other end as its not digestable. A non article

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 7:03 PM

    @Sinead Merrigan: What is your evidence for this claim? Asbestos isn’t digestable, but it doesn’t come out the other end it either when ingested it causes peritoneal mesothelioma (cancer of the lining of the peritoneum [lining of the abdominal cavity]). I am in no way saying that microplastics cause harm on the level of asbestos, I am just showing that just because something is indigestable doesn’t mean it comes out the other end.

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 7:06 PM

    @Diarmuid Hunt: *cancer of the peritoneum

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    Mute Irene Mc Hugh
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    Oct 19th 2020, 8:29 PM

    @Diarmuid Hunt: Asbestos is inhaled into the lungs ……not into the stomach .

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    Mute Diarmuid Hunt
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    Oct 19th 2020, 9:03 PM

    @Irene Mc Hugh: Asbestos can both be inhaled and ingested. When inhaled it causes mesolithomas to form in the lungs. It is much more common for it to be inhaled than ingested but when ingested it causes them to form in the peritoneum. Mesolithomas from asbestos have also been recorded forming in the heart and testes.

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    Mute Martin Byrne
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    Oct 20th 2020, 9:21 AM

    @Sinead Merrigan: That’s the hope, but there is concern that microplastics are staying in the body. They might be no harm at all. But let’s find out.

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    Mute Watchful Axe
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    Oct 19th 2020, 5:50 PM

    Back to the sheep’s bladders.

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    Mute sully
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    Oct 19th 2020, 5:42 PM

    When i see people using boiling water in the babies bottle my heart skips a beat

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    Mute Rachel O' Meara
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    Oct 19th 2020, 5:58 PM

    @sully: Why? Boiling water is sterile and fully dissolves the powdered formula, otherwise it’s gritty and clogs up the nipple, it also helps eradicate any bacteria that may be in the formula. Trick is to cool it down by either leaving it out over time or the better choice is a rapid cool down by standing the bottle in icy water.

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    Mute Lisa Quinn
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    Oct 19th 2020, 5:59 PM

    @sully: why? It’s how u make formula. Babies dont drink it boiling it’s ok.

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    Mute Jacqui Russell
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    Oct 19th 2020, 6:02 PM

    @sully: that sounds serious. Might ring your GP about that.

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    Mute Sam Harms
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    Oct 19th 2020, 6:45 PM

    @Lisa Quinn: heat can potentially cause chemicals to be released form plastics faster than they normally would.

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    Mute Lisa Quinn
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    Oct 19th 2020, 6:55 PM

    @Sam Harms: it’s not instantly boiled u allow it to cool for no more than 3o mins

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    Mute Maurice Dodd
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    Oct 19th 2020, 10:25 PM

    Babies are ingesting flouride , now that’s a worry

    4
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    Mute Diarmuid Hunt
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    Oct 20th 2020, 11:27 AM

    @Maurice Dodd: I hear they even ingest chlorine and sodium these days, absolutely toxic chemicals, luckily when combined they’re just table salt just how when fluoride interacts with other atoms they create harmless molecules.

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    Mute Caroline Otoole
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    Oct 19th 2020, 11:41 PM

    In 1992 glass was reccommended, but with plastic lids and I presume a rubber teat.
    I think the bottles given out in the hospital in 2010 were glass too, but I didn’t see it close up.

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    Mute Mollybán
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    Oct 20th 2020, 12:28 PM

    All my kids drank from plastic bottles…..all thriving in their 30′s and 40′s now. Unfortunately breast-feeding wasn’t promoted much in the 1970′s and 80′s when I had my children, it tended to be impractical because maternity leave was so short. You were back to work when the baby was ony 6/7 weeks old, and the routine of bottle-feeding was easier to establish.

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    Mute David Faulkner
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    Oct 20th 2020, 12:55 PM

    The journal should have the same colour scheme as the sun and mirror. Scary headlines get the clicks.

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