Dessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

In many businesses, primarily in the hospitality, leisure and service sectors, tipping has increasingly become a common practice. Cafés, bars, restaurants and hotels comprise a large proportion of this sector. Tipping staff, especially after a meal, is something I do, not because I am expected to do it, but because I believe it is the right thing to do.

Customers in general have a number of ways to pay tips and gratuities, whether it is through a discretionary service charge or a gratuity paid to the employer as part of a payment via a credit or debit card, a cash tip paid into a staff box, or, more commonly, a cash payment made directly to the waiter, waitress or employee. None of these payments should be used to make up the national minimum wage, be kept by the employer to cover breakages or the costs of those who have done a runner, or as additional profit for the employer. Sadly, this seems to be the case in many places and staff are not getting tips that customers leave with the expectation that the staff member who has served them will receive the tip.

Tips, gratuities and cover charges cannot be used to make up the national minimum wage but should be paid on top of it. This Bill will amend the National Minimum Wage Act and add protections ensuring that employees receive the tips paid by customers and pass them on to staff members. If this Bill becomes law, it would make it illegal for an employer to withhold, deduct or demand the return of a tip from an employee without a lawful excuse. It would also require businesses to display their tipping policy on a menu or in a similarly prominent manner.

People like to reward good service and courteous and friendly staff. It is to the benefit of an employer in the hospitality sector that his staff do their utmost to make the customer feel at ease and have an enjoyable experience in the restaurant or bar. Quality staff are crucial to enhancing the reputation of the business and a business with a good reputation will lead not just to repeat custom but to new customers. This is vital for the survival of any business but particularly a business in the hospitality sector.

Customers will sense when staff are disgruntled or not happy in their work. I can understand that a member of staff rewarded because of his or her service, who does not receive that reward, would feel hard done by. The tip is a recognition of a job well done. Taking a tip from a staff member is effectively telling that person he or she does not matter.

Ireland is very dependent on the tourism industry. Those at the front line of that industry are often staff in cafés, bars, restaurants and so on. Ireland is famous for its hospitality and céad míle fáilte. This can only continue if we treat those on the front line of this industry correctly. We can do this by ensuring they receive the gratuities they have earned.

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