The problem with individual employment rights is that no sooner are they introduced than firms find ways to circumvent them. Take, for instance, the laws relating to tips. Under the Employment (Allocation of Tips) Act, firms must share all tips between workers, including temporary agency staff. The legislation was prompted by a public outcry over high street chains deducting money intended for waiting and kitchen staff. (For the laws relating to tips, see our Know Your Rights section.)
However, no sooner was the ink dry on the legislation than firms began promoting ways for employers could get around the new laws. Once the laws relating to tips were introduced, Temper Works, which supplies workers to more than 5,000 companies, including Hard Rock Cafe, Alexandra Palace, and Claridges Hotel, immediately started promoting its workforce to restaurants, hotels, and bars on the basis that “they are not covered by the provisions of the new [tipping] legislation.”
The Netherlands-based firm, which opened an office in the UK in 2022, warns companies that agency workers “must now be included in tip-sharing schemes,” but claims gig economy workers sourced through its website fall outside the legislation. “By engaging freelancers through Temper, businesses can continue to access flexible labour without the added costs and complexities associated with tip allocation for agency workers.”
The reality is that individual rights will never significantly improve workers’ pay and conditions. Even when governments introduce laws aimed at establishing minimum standards in the workplace, employers find ways to evade them. The only way hospitality workers will ever seriously improve their pay and conditions is by getting organised and forcing employers to make changes.