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Tips, gratuities, service charges and troncs: what it puts on your payslip

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Employment (Allocation of Tips) Act 2023, Part 2B of the Employment Rights Act 1996

If customers tip where you work, two separate sets of rules decide what reaches you.

The Employment (Allocation of Tips) Act 2023 decides who gets the money. Since 1 October 2024 your employer must allocate every qualifying tip, gratuity and service charge fairly between the workers at your place of business, and pass it on no later than the end of the month after the customer paid it. Your employer must also hold a written tipping policy and keep a record for three years that you can ask to see.

HMRC decides what comes off it. A tip is taxable whoever hands it over, so PAYE applies to anything paid to you by your employer or by a tronc. National Insurance works differently.

Paragraph 5 of Part 10 of Schedule 3 to the Social Security (Contributions) Regulations 2001 disregards a payment of, or in respect of, a gratuity or offering where two things are both true. First, either the payment is not made directly or indirectly by the employer and does not represent money already paid to the employer, or the employer does not allocate the payment, directly or indirectly, to you. Second, the payment is not one caught by sub-paragraph (4) or (5): a payment from someone connected with the employer, unless it is made in recognition of personal services at a normal amount or is made by a troncmaster, and a payment made by a trustee holding property for a class of people including you, where that trustee is not a troncmaster.

Card tips land in the employer's bank account first, so in most restaurants and bars the first limb of the first condition fails and everything turns on the second. An independent troncmaster has to decide who gets what, with no steer from the employer. Where that holds, your tronc line carries income tax and no Class 1 National Insurance at all.

Where the employer picks the split, imposes the points system, or puts a mandatory service charge through the tronc, Class 1 National Insurance is due on the whole amount and the employer is the one liable for it.

In force 1 October 2024. Educational only. Not tax, legal, financial, payroll or employment advice. Whether a scheme applies to you turns on your own contract and how you are engaged.

Editorially reviewed
Last reviewed Written by Rocco Clayfield (Founder and Editor)How we calculate thisReport an error on this page

The published figures

Tipping Act main duties in force
1 October 2024
Sections 1 to 8 and 10 to 12 of the Employment (Allocation of Tips) Act 2023 were commenced on that date, and Part 2B applies to tips paid by customers on or after it.
Statutory Code of Practice in force
1 October 2024
The Code of Practice on Fair and Transparent Distribution of Tips. A tribunal must take any relevant provision of it into account, though failing to observe it does not by itself make an employer liable.
Deadline for passing a tip to you
End of the following month
Section 27G. A tip a customer leaves on 23 June must be allocated and paid by 31 July at the latest.
Class 1 National Insurance on a qualifying tronc payment
Nil
The gratuities disregard removes the payment from the calculation of earnings, so neither the employee nor the employer contribution arises on it.
How long the tipping record must be kept
3 years
Section 27J. The three years run from the date the tip was paid, and you can ask for any period inside that window.
Time limit for a fair allocation claim
12 months
Section 27K(3), running from the date of the failure, or from the last failure where there is a series of them.
Time limit for a policy or records claim
3 months, rising to 6 months
Section 27N(2). Schedule 12 to the Employment Rights Act 2025 substitutes six months for three, commenced by S.I. 2026/954 for failures happening on or after 1 October 2026.
Maximum tribunal compensation
£5,366
Sections 27M(1) and 27O(2), for financial loss attributable to the matter complained of, on top of any order to revise the allocation. The limit is uprated each April: it is £5,366 where the failure happens on or after 6 April 2026, and £5,135 where it happened before that date.

What it puts on, or takes off, the payslip

Tronc
Your share of the pooled tips, allocated by the troncmaster rather than by your employer. It belongs in the payments block with income tax charged against it and nothing in the National Insurance column. If the tronc runs its own PAYE scheme, as E24 requires unless HMRC has agreed something else, this line may sit on a separate slip from your wages rather than underneath them.
Service charge distribution
Your share of a service charge added to the bill. A voluntary charge, one the customer was clearly free not to pay, is treated the same as a tip. A mandatory charge is not: HMRC's position is that National Insurance is always due on a mandatory service charge paid out to staff, however it is shared, so seeing one distributed through a tronc with no NI is a red flag rather than a bonus.
Gratuity
Card tips the employer collected and then handed out on a split the employer chose. Both conditions for the disregard fail, so this line should show income tax and Class 1 National Insurance, exactly like basic pay. If the line is named Gratuity but no NI moved, either there is a tronc you were not told about or the payroll is wrong.
Taxable gross pay and gross pay for NI
Two different totals, and the gap between them is where a tronc shows up. In a month with a qualifying tronc payment, taxable gross should exceed gross for NI by the tronc amount. If the two figures are identical and you were paid tips, the exemption is not being applied.
Employee National Insurance
The deduction that should not move when tronc pay arrives. Work out your NI from your contractual pay alone, then compare. If a heavy tips month lifted the NI figure as well as the tax figure, the tips were treated as ordinary earnings.
Deductions shown against a tronc line
PAYE income tax, and National Insurance only where the exemption does not apply. Nothing else. Section 11 of the Tipping Act rewrote section 13 of the Employment Rights Act 1996 for tips, so a deduction from allocated tips is lawful only where a statutory provision requires or authorises it. A contract term does not make it lawful, and neither does your written consent.
Card processing or admin charge
A line that should not exist. Section 27C(6) fixes the qualifying amount as the actual amount the customer paid, and says deductions from it are disregarded when working that amount out, whoever made them. The bank's fee is the employer's cost, not a reduction in the pot.
Pensionable pay
Often lower than taxable gross in a tips month. Qualifying earnings for automatic enrolment are defined by a closed list in section 13(3) of the Pensions Act 2008, covering salary, wages, commission, bonuses, overtime and the statutory payments. Tips are not on it. A scheme is free to define pensionable pay more widely, so the answer is in your scheme rules and not on the payslip.
Cash tips kept by you
Absent from the payslip entirely, and correctly so. Money a customer handed you that never reached your employer and that your employer has no say over is outside PAYE. It is still taxable, and reporting it is your job rather than payroll's.

What goes wrong

National Insurance deducted from a tronc payment that qualified for the disregard
The commonest failure, and the most expensive one to leave alone. The disregard is not an option the employer elects; it follows from the facts. Where an independent troncmaster decides the split, Class 1 National Insurance is not due, and taking it anyway costs you 8% of every tronc payment between the primary threshold and the upper earnings limit. Compare taxable gross against gross for NI on three payslips in a row.
The tronc is run by a manager who also sets the allocation
This destroys the exemption rather than bending it. HMRC's example is an owner who requires the troncmaster to operate a points system the owner devised: the troncmaster is carrying out the employer's wishes, so the employer has allocated the tips indirectly and NI falls due on everything the tronc pays out. The same guidance warns that appointing someone who influences how the business is run, a director for instance, may itself point to indirect allocation. If the employer, a partner or a company officer is the troncmaster, E24 puts every tronc payment back through the employer's payroll.
Tips used to top you up to the minimum wage
Unlawful since 1 October 2009 and still unlawful. Regulation 10 of the National Minimum Wage Regulations 2015 lists payments made by the employer representing customer service charges, tips, gratuities and cover charges among the amounts that do not form part of remuneration. Your basic pay has to clear the minimum wage before a single tip is counted. Check the hourly rate on the payslip against the rate for your age, using contractual pay only.
No written tipping policy, and nobody asked for one
Where tips are paid at your workplace on more than an occasional and exceptional basis, section 27I requires a written policy and requires the employer to make it available to every worker there, in plain language and in an accessible format on request. Not having one is its own breach with its own tribunal claim, separate from any argument about the money.
Back of house excluded with no reason recorded
Before October 2024 leaving the kitchen out of the tronc was a house rule. Now the duty is to allocate all qualifying tips fairly between the workers at the place of business, and the Code lists distribution between front of house and backroom workers as one of the factors an employer should weigh. Exclusion is not automatically unfair, but the factors used have to be stated in the policy, so an unexplained split is the thing to challenge.
A card fee or breakage taken out of the pot first
The amount that has to be allocated is what the customer actually paid, with any deductions disregarded. Deducting the card processing charge, a till shortage or an administration fee before sharing the money out reduces the pot below the statutory figure. Ask for the tipping record: it has to show the total qualifying tips received at the site, so the total and your share can be compared against the terminal reports.
A mandatory service charge run through the tronc with no NI
HMRC's National Insurance Manual is explicit that where the tronc funds are compulsory service charges, the payments out are not gratuities or payments in respect of gratuities, so they cannot be disregarded. This one usually shows up when a venue adds a non-negotiable charge to every bill and the payroll treats the distribution as tronc pay. The unpaid NI is the employer's liability, and it accrues quietly until HMRC reviews the records.

What to check on your next payslip

  • The written tipping policy has to state the factors that decide who gets what, and section 27I requires it to be available to every worker at the site. Once you know the rule, you can test your share against it. Without it you are arguing about a feeling, and the absence of a policy is itself a breach with its own claim.
  • A written request is the mechanism section 27J provides, and it reaches the site total as well as your own share. Section 27J gives you the right to ask, and the employer has four weeks to answer. You can cover one month or several consecutive months, going back up to three years, for any month you worked there, and you can ask once in any three month period. The answer must give the total qualifying tips taken at the site and the amount allocated to you.
  • Taxable gross pay and gross pay for National Insurance are two separate totals on the same payslip, and a qualifying tronc payment sits in one and not the other. The two figures should differ by the amount of the tronc. Identical figures in a month you were paid tips mean the exemption was not applied and you overpaid National Insurance.
  • Section 27G keys the deadline to the month the customer left the tip, not to the payroll run that eventually paid it. The tip must be allocated and paid by the end of the following month. A June tip paid in August is late, and lateness is one of the two failures that carry the twelve month claim rather than the shorter one.
  • Cash tips your employer never handled sit outside PAYE entirely, and the reporting route is your personal tax account or a Self Assessment return. Tips paid straight to you with no employer involvement carry no PAYE and no National Insurance, but they are still taxable. HMRC collects the tax by adjusting your code, and an estimate that is left uncorrected follows you into next year.
  • Pensionable pay is whatever your scheme rules define it as, which is not the same closed list as automatic enrolment qualifying earnings. Qualifying earnings under section 13(3) of the Pensions Act 2008 do not include tips. A scheme can be more generous, and some are, so the scheme rules decide whether the payslip figure is wrong.
  • Both time limits run from the date of the failure, or from the last failure in a series, rather than from the day you found out about it. Twelve months for a complaint about how tips were allocated or when they were paid, and three months for one about the policy or the records, rising to six months where the failure happens on or after 1 October 2026. Early conciliation extends them.

The 12 occupations this reaches, and how

Each line is specific to that trade. Where a scheme depends on how you are engaged rather than on the work itself, the line says so.

Bar Staff
Bar tips arrive by two routes with two different answers. Coins dropped in the jar are worker-received tips that stay outside the Act unless your employer controls how they are shared, while card tips added at the terminal are employer-received from the moment they land. If you are supplied through an agency, the bar still has to weigh you in the allocation. Gov.uk's example of a bar that ignores its agency worker says a tribunal would probably find that unlawful. The money then reaches you through the agency, which must pass it on without unauthorised deductions.
Barista
Almost every tip you take comes off a prompt on the card reader, so it goes into the employer's merchant account and counts as an employer-received tip from the start. HMRC's guidance on electronic tips is that paying by app or terminal changes none of the underlying tests. In a coffee shop with no tronc that usually means PAYE and Class 1 National Insurance on your share, and the exemption only appears once somebody independent of the owner is deciding the split.
Chef
You are salaried while the tips move with covers, so a tronc share is the part of your pay that changes and the part nobody explains. Watch for a contractual guarantee. HMRC's example of a chef promised a fixed sum from tips each week treats that sum as allocated by the employer, so Class 1 National Insurance is due on it even where the rest of the tronc pays out free of NI. A right to take part in the tronc is different from a right to a stated amount, and only the second one costs you the exemption.
Commis Chef
On a points tronc you sit at the bottom of the scale, and length of time served with the employer is one of the factors the Code expressly allows, so a smaller share is not automatically unfair. What is not allowed is a probation rule nobody wrote down. Gov.uk's example of a bar cutting tips for the first two weeks is compliant precisely because the policy applies to everyone, so ask whether the starter rate you are on appears in the written policy at all.
Head Chef
You are senior enough to be handed the tronc and, in most kitchens, not an officer of the company, which is the line that matters. A head chef can be the independent tronc operator and the exemption survives, because the test is whether the employer allocates rather than whether the allocator is senior. It stops surviving the moment the owner hands you the points system to run: HMRC treats that as the employer allocating indirectly, and National Insurance then falls due on everything the tronc pays out, to you and to everyone below you.
Hotel Manager
A general manager is usually a director or officer of the operating company, and E24 has a worked example of exactly that. A director of a hotel company is chosen by the staff as troncmaster. Every tronc payment then has to run through the company payroll, and the company rather than the director carries the PAYE. Your other complication is site by site. Tips have to be shared at the place of business where they were taken, so a group cannot pool the busy city hotel's service charge with the quiet one down the coast, however the hotels are managed.
Hotel Receptionist
Plenty of what you are handed at the desk never enters a tronc and never touches the payroll, because a tip a guest gives you that your employer neither receives nor controls falls outside the Act. The catch is the connection rule. A tip you keep becomes a qualifying tip if it is connected with another worker-received tip that the employer does control, meaning one taken at the same site in the same week or the week after. So a desk that pools nothing can still be pulled into the scheme by what happens in the restaurant.
Housekeeper
Cash left on the pillow and a card tip added at check-out are taxed by two different routes, and you will see only one of them on a payslip. The cash is yours, carries no PAYE and no National Insurance, and you report it yourself through your personal tax account or a Self Assessment return, after which HMRC usually collects the tax by changing your code rather than sending a bill. The card tip went to the hotel, so it is a qualifying tip that has to be allocated and paid through payroll by the end of the following month.
Kitchen Porter
Your job is the one the Act changed most. Kitchen porters were routinely left out of troncs on the reasoning that customers tip the people they meet. Since 1 October 2024 the duty has been to allocate all qualifying tips fairly between the workers at the place of business, and the Code lists front of house against backroom as a factor to weigh rather than an answer to assume. You can still be given a smaller share or none, but the employer has to state the factors in the written policy, and an exclusion that appears nowhere in writing is the thing to put in a records request.
Restaurant Manager
Being in the tronc and running it are two different problems for you, and the second is the expensive one. If you both take a share and decide the split while acting for the owner, HMRC treats the tips as allocated by the employer, National Insurance becomes due on every payment the tronc makes, and the liability is the company's. There is a further trap in the Code: it says staff agreement to a distribution method has to be genuine and not coerced by managers, so a scheme you talked the team into is weaker evidence of fairness than one they chose.
Sous Chef
You run service without setting the tronc rules, which is the position the exemption was designed for: your tronc line should show income tax and no National Insurance. Two of the Code's fair allocation factors point in opposite directions for a sous-chef. Seniority pushes your share up, while hours worked during the period when tips are received pushes it down on the split shifts and prep days you cover but the dining room does not see. Both are permitted, so the policy has to say which one the kitchen is being scored on.
Waiter
You are the worker the tronc rules were written around, and usually the one whose table the tip was left on. Where the tronc runs on points, HMRC's own worked example gives a waiter one point and the head waiter three, so your share moves with the rule rather than with your section's takings. Because card tips reach the employer's account before they reach the tronc, the first condition for the National Insurance exemption cannot be met, and whether your tronc line carries NI comes down entirely to whether the employer keeps out of the allocation.

Questions

Why is there no National Insurance on my tronc line?

Because the law disregards it, provided the facts hold. Paragraph 5 sets one test with two halves. The first half is satisfied if either the payment does not come from the employer and does not represent money already paid to the employer, or the employer does not allocate it directly or indirectly. The second half is that the payment must not fall inside sub-paragraph (4) or sub-paragraph (5), which rule out a payment from a person connected with the employer, unless that person is paying for personal services at a normal amount or is acting as troncmaster, and a payment from a trustee holding property for a class of people including you, where a troncmaster does not count as a trustee. Card tips reach the employer first, so the usual route through the first half is the second limb: an independent troncmaster decides who gets what. A tronc set up as a trust instead falls into sub-paragraph (5) and the disregard is gone. Income tax still applies, and PAYE is operated on the payment by the troncmaster.

Can my employer keep a share of the tips?

No. The duty in section 27D is to allocate the total amount of qualifying tips at the place of business between the workers there. The amount that counts is what the customer actually paid, with any deductions disregarded. The only lawful reductions are the ones a statutory provision requires or authorises, which in practice means tax and, where it is due, National Insurance.

Can they take the card processing fee out of the tips?

No. Section 27C(6) defines the qualifying amount as the actual amount paid by the customer and says any deductions from it are disregarded, whether the employer made them or somebody else did. The merchant fee is a cost of taking card payments, and it does not shrink the pot that has to be shared.

Do tips count towards the minimum wage?

No, and they have not since 1 October 2009. Regulation 10 of the National Minimum Wage Regulations 2015 puts payments by the employer representing customer tips, gratuities, service charges and cover charges outside remuneration for minimum wage purposes. Your contractual hourly rate has to reach the minimum on its own.

I work in the kitchen. Am I entitled to a share?

You are entitled to be considered, and to be told the basis on which the decision was made. The duty is to allocate fairly between the workers at the place of business. The Code names distribution between front of house and backroom workers as one of the factors an employer may use, alongside role, hours worked while tips were coming in, seniority and length of service. The gov.uk policy template splits tips equally between front and back of house, which shows what a compliant answer can look like, but it is an example rather than a requirement.

Can a manager be in the tronc?

Sometimes, and the answer depends on what the manager does rather than on the job title. The Code lets an employer appoint a member of staff as the independent tronc operator and says care is needed to keep that independence. HMRC warns that choosing someone who influences how the business is run, such as a company director, may show the employer is allocating the tips indirectly, which ends the National Insurance exemption. Where the employer, a partner or a company officer acts as troncmaster, every payment goes back through the employer's payroll. Separately, gov.uk's guidance gives the example of a marketing manager who never deals with customers and says including her would probably not be permitted.

Do I pay tax on cash tips nobody records?

Yes. A tip is taxable as earnings from your employment even when your employer never touches it. If your employer has no involvement, PAYE does not apply and no National Insurance is due, but you have to tell HMRC yourself, either on a Self Assessment return or through your personal tax account. HMRC normally collects the tax by changing your tax code, so it appears as a smaller allowance rather than as a bill.

Do tips count towards my holiday pay?

Part of this is settled and part of it is not. Regulation 16(3ZA) of the Working Time Regulations 1998 lists three kinds of payment that must go into a week's pay, and it does so for entitlement under regulation 13, the four week entitlement, and under regulation 15B, the entitlement for irregular hours and part-year workers. Payments intrinsically linked to tasks you are contractually obliged to carry out. Payments for status relating to length of service, seniority or professional qualifications. Other payments, such as overtime, that have been regularly paid over the preceding 52 weeks. Tips are named in none of those three, and the government's holiday pay guidance does not mention tips, troncs or service charges at all. A payment made to you by an independent troncmaster is not paid by your employer, which is the awkward part. If it matters to your money, the point is arguable and a tribunal is what resolves it.

Do tips count towards maternity pay or sick pay?

Only the ones that carried National Insurance. HMRC's instructions for working out Statutory Sick Pay and Statutory Maternity Pay both say average weekly earnings must include all earnings on which Class 1 National Insurance contributions are due, or would be due if they were high enough. A tronc payment covered by the gratuities disregard is not such an earning, so it does not lift the average. Card tips your employer allocated and paid NI on do.

How long do I have to take a tips claim to a tribunal?

Twelve months for a complaint that tips were not allocated fairly or were not paid on time, counted from the failure or from the last of a series. Three months for a complaint about the written policy or the records, and six months where that failure happens on or after 1 October 2026, following Schedule 12 to the Employment Rights Act 2025. A tribunal can extend either limit where it was not reasonably practicable to claim in time, and Acas early conciliation pauses the clock. Compensation is capped at £5,366 per complaint where the failure happens on or after 6 April 2026, on top of any order to revise the allocation. For a failure before that date the cap is the one in force at the time, £5,135 from 6 April 2025 and £5,000 before that.

Sources

Every figure on this page was read from the document beside it, on the date shown. Where a figure could not be confirmed from a primary source it is not published, and the module behind this page records what is missing.

Not sure whether any of this is on your payslip? Check your payslip free, or read the other statutory schemes that change what a UK payslip looks like.