Requirement to deal with tips, gratuities and service charges Section 7: Enforcement Determination of complaints about tips etc
Section 7 also inserts sections 27L and 27M. Section 27L describes the remedies available to an employment tribunal where it finds a worker’s complaint under section 27K to be well founded.
	Subsection (1) provides that if an employment tribunal finds a complaint under section 27K to be well founded it must make a declaration to that effect. If the complaint was made under section 27K(1), which will be the case where an employer has failed to comply with its obligation to fairly allocate all of the qualifying tips, gratuities and service charges to workers, or has failed to do so within the necessary time periods, the tribunal may also make an order under subsection (1)(b)(i) (see below). If the complaint was made under section 27K(2), which will be the case where an agent has failed to comply with its obligation to pay any sums received from an employer (i.e. a hirer) on to an eligible agency worker, the tribunal may also make an order under subsection (1)(b)(ii) (see below).
	An order under subsection (1)(b)(i) is an order requiring the employer to deal with qualifying tips in accordance with any relevant provision of Part 2B. As explained in subsection (2), an order under subsection (1)(b)(i) may (though does not have to):
require the employer to revise any allocation they have previously made;
make a recommendation to the employer regarding an allocation they have previously made (this allows an employment tribunal to suggest how the employer should allocate the tips in order to achieve fairness). Subsection (3) explains that whilst any recommendation is not binding on the employer, it is admissible as evidence in an employment tribunal and a provision of the recommendation must be taken into account by the tribunal in determining any question to which the provision is relevant. The effect of this is that recommendations can be considered in future proceedings in deciding whether an employer has complied with their obligations;
require the employer to make a payment to a worker or a number of workers of the employer (including an order that the employer makes a payment to a worker who has not made a complaint to the tribunal). This could enable a tribunal to provide a remedy where, for example, a particular group of workers, such as waiters, has been treated unfairly but only one of that group has brought a complaint.
	Subsection (4) makes it clear that the fact that an order has been made under subsection (1)(b)(i) does not prevent a different worker of the same employer from presenting a complaint in relation to the same employer or the same qualifying tips, gratuities and service charges.
	An order under subsection (1)(b)(ii) is an order requiring the agent to make a payment to the eligible agency worker of the amount that the agent was required to pay them.