Chapter 9

    Resources and official links

    参考リンク集

    The official sources I actually used, with a note on what each one tells you and at which stage you need it.

    The sources I actually used.

    All of them are public bodies or official channels. For each, I have noted what it tells you and at which stage you need it.

    Procedures and time limits change. Always check the official site for the current position before you act.

    1. Where to get advice first

    Free, and useful at any stage

    Acas (Advisory, Conciliation and Arbitration Service) https://www.acas.org.uk

    The UK's public body for employment matters. Advice is free and available to employers and workers alike.

    • General guidance on employment problems
    • The route for notifying Early Conciliation
    • A telephone helpline (you can discuss interpreter arrangements)

    Guidance on tips and service charges https://www.acas.org.uk/tips-and-service-charges

    Explains what employers must do about allocating service charges. A good starting point for judging whether your own workplace is compliant.

    Citizens Advice https://www.citizensadvice.org.uk

    Free advice across a wide range of issues, including employment. In-person appointments are available.

    2. The law on tips and service charges

    What is unlawful, and what employers must do

    Employment (Allocation of Tips) Act 2023 https://www.legislation.gov.uk/ukpga/2023/13

    The Act itself. In outline:

    • employers may not retain tips or service charges for themselves
    • they must allocate them in a fair and transparent way
    • they must have a written policy on how tips are allocated
    • they must keep records of allocation and disclose them on a worker's request

    Code of Practice on fair and transparent distribution of tips https://www.gov.uk/government/publications/distributing-tips-fairly-statutory-code-of-practice

    The statutory code on how the Act should work in practice. It explains concretely what "fair" means.

    To repeat: "fair" does not mean "the same for everyone". Weighting by length of service or role is lawful — but only on the premise that the criteria are set, written down, and capable of being explained.

    3. Employment Tribunal procedure

    From claim to judgment

    Making a claim to an Employment Tribunal (gov.uk) https://www.gov.uk/employment-tribunals

    The overall shape of the process, time limits, and how a claim proceeds. There is no issue fee.

    Submitting an ET1 online https://www.employmenttribunals.service.gov.uk

    The claim form itself. You can save partway through, so it does not have to be done in one sitting.

    Guide to hearings and judgments (T426) https://www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426

    Covers what happens after judgment, interest, and payment. This is the document sent out with the judgment.

    Searching published decisions https://www.gov.uk/employment-tribunal-decisions

    Employment Tribunal judgments in England and Wales are published and searchable by anyone.

    You can search by company name, so it is also useful for checking whether a prospective or current employer has a history of employment disputes. The corollary is that if you bring a claim, your case becomes public too.

    4. Identifying the respondent and checking its status

    Check before filing, and again before enforcing

    Companies House https://find-and-update.company-information.service.gov.uk

    Free search of the UK companies register. You can see:

    • the company's registered name and registered office
    • the company's status (active, in liquidation, dissolved, and so on)
    • director details
    • filed accounts

    Check it at two points.

    1. Before filing the ET1 — to identify the respondent's registered name. You must name the legal entity, not the trading name
    2. Before enforcing — to check whether the company has entered liquidation. What options are available to you depends on this

    The Insolvency Service https://www.gov.uk/government/organisations/insolvency-service

    The body to deal with when a company goes into liquidation. Where an employer is insolvent, there is a scheme under which certain unpaid wages can be paid from a government fund.

    5. When the judgment is not paid

    Routes to recovery

    If you win your case (gov.uk) https://www.gov.uk/employment-tribunals/if-you-win-your-case

    What you can do if you win at the tribunal and the other side does not pay.

    Fast track scheme (form EX727) https://www.gov.uk/government/publications/form-ex727-i-have-an-employment-or-an-employment-appeal-tribunal-award-but-the-respondent-has-not-paid-how-do-i-enforce-it

    The form for passing a tribunal judgment directly to a High Court Enforcement Officer. This is the route I used. If you want to recover a judgment sum, start here.

    Enforcing a judgment (gov.uk) https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

    Covers enforcement methods generally — taking control of goods, third party debt orders, and so on.

    Employment Tribunal penalty enforcement and naming scheme https://www.gov.uk/guidance/employment-tribunal-penalty-enforcement-and-naming-scheme

    This is worth knowing about. A free statutory scheme available when a judgment goes unpaid.

    • 42 days after judgment, you can register non-payment free of charge
    • an enforcement officer checks, and a warning notice is sent to the employer
    • if it is still unpaid 28 days later, a notice can impose a penalty of 50% of the judgment sum plus 8% annual interest
    • employers who do not pay can be named publicly on gov.uk (you choose whether to allow naming when you apply)

    You can consider this alongside High Court enforcement, or instead of it. The big advantage is that it costs nothing.

    Points worth restating:

    • For debts over £1,600 you can transfer to a High Court writ
    • The writ issue cost (around £80) is advanced by you but added to the debtor
    • HCEO fees are also borne by the debtor
    • Recovered money is held for 14 days before being paid out
    • An assertion that a set-aside application has been made does not stop enforcement. That requires a court order
    • If you want to avoid any outlay, look at the penalty enforcement and naming scheme first

    6. Related pages on this site

    Work out what you are owed The calculation method the tribunal accepted, step by step.

    How to bring a claim The full route, deadlines, costs, and checklists.

    UK service charge guide (in Japanese) Comprehensive coverage of the Tipping Act 2023, mandatory versus discretionary charges, tronc schemes, and the relationship with the minimum wage.

    London service charge survey (in Japanese) Original research into how service charges are handled at actual venues.