Section 27E — Employment Rights Act 1996: Non-public places of business

Non-public places of business 27E 1 This section applies where—

a qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a non-public place of business of an employer (the “non-public tips”),

and b the employer also has one or more public places of business.

2 The employer may comply with the requirement in section 27D (1) to ensure that the total amount of the non-public tips is allocated fairly between workers of the employer at the non-public place of business by instead ensuring that the total amount of the non-public tips is allocated fairly between both—

a workers of the employer at the non-public place of business, and b workers of the employer at one or more public places of business of the employer.

3 In this section— “ non-public place of business ” means a place of business that is not a public place of business; “ public place of business ” means a place of business where interaction between— customers of the employer, and workers of the employer, occurs wholly or mainly face-to-face.