Section 27J — Records

(1) [F1 Where qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a place of business of an employer on more than an occasional and exceptional basis, the employer must—]

(a) [F1 create a record of how every qualifying tip, gratuity and service charge paid at, or otherwise attributable to, the place of business has been dealt with in accordance with this Part, and]

(b) [F1 maintain that record for a period of three years beginning with the date on which the qualifying tip, gratuity or service charge was paid.]

(2) [F1 The record required by subsection (1) must include—]

(a) [F1 the amount of qualifying tips, gratuities and service charges paid at, or otherwise attributable to, the place of business;]

(b) [F1 the amount of those qualifying tips, gratuities and service charges—]

(i) [F1 that the employer allocated to workers of the employer at the place of business;]

(ii) [F1 that the employer arranged to be allocated to workers of the employer at the place of business by an independent tronc operator in accordance with section 27F.]

(3) [F1 A worker of an employer may make a written request for the employer to provide the following records for a period specified in the request in relation to a place of business of the employer that the worker worked at—]

(a) [F1 the amount of qualifying tips, gratuities and service charges paid at, or otherwise attributable to, the place of business;]

(b) [F1 the amount of those qualifying tips, gratuities and service charges—]

(i) [F1 that the employer allocated to the worker;]

(ii) [F1 that the employer arranged to be allocated to workers of the employer at the place of business by an independent tronc operator in accordance with section 27F.]

(4) [F1 Where—]

(a) [F1 an employer receives a request from a worker under subsection (3) for records in relation to a place of business of the employer, and]

(b) [F1 the employer is required by this section to maintain those records,]

[F1 the employer must, within the response period, provide the worker with the requested records in respect of the period specified in the request or a substantially similar period.]

(5) [F1 Subsection (6) applies in a case where—]

(a) [F1 an employer receives a request from a worker under subsection (3) for records in relation to a place of business of the employer,]

(b) [F1 the employer is not required by this section to maintain those records, but]

(c) [F1 the employer would be required by this section to maintain those records if worker-received tips paid at, or otherwise attributable to, the place of business were qualifying tips, gratuities and service charges.]

(6) [F1 In that case, the employer must, within the response period, notify the worker—]

(a) [F1 that the employer is not required by this section to maintain the requested records, and]

(b) [F1 of the reasons why the employer is not required by this section to maintain those records.]

(7) [F1 A worker may request records under this section in respect of a period only if—]

(a) [F1 the period is a period of one month or two or more consecutive months,]

(b) [F1 the period begins no more than three years before the date of the request,]

(c) [F1 the period ends before the date of the request, and]

(d) [F1 the worker worked for the employer at any time during each month that forms part of the request.]

(8) [F1 A worker may not make more than one request for records under this section in any three month period.]

(9) [F1 Except as provided by subsection (10), a disclosure of information required by subsection (4) does not breach—]

(a) [F1 any obligation of confidence owed by the person making the disclosure, or]

(b) [F1 any other restriction on the disclosure of information (however imposed).]

(10) [F1 Subsection (4) does not require a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account).]

(11) [F1 In this section—“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); “date of the request” means the date that the request is received by the employer; “response period” means the period of four weeks beginning with the date of the request.]

Amendment notes

1. F1 Ss. 27I, 27J and cross-heading inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 6, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(f)