
On 19 August 2026, the Department for Business, Innovation, Science and Trade opened a new public consultation on a revised Code of Practice, governing the fair and transparent distribution of tips. The consultation closes on 29 September 2026, and it builds directly on rules that have applied since October 2024.
For anyone in hospitality, HR, payroll, or employment law, this is a meaningful update worth understanding.
The context
Since October 2024, UK employers have been required to pass on all qualifying tips, gratuities and service charges to workers in full, with no deductions beyond those required by law, such as tax. Businesses that receive tips on more than an occasional basis have also had to maintain a written tipping policy and keep accessible records. Those foundational requirements are not changing.
What is changing stems from the Employment Rights Act 2025, which introduced a new legal duty for employers to consult workers, or their representatives, before creating or revising a tipping policy, and to review that policy at least once every three years. This consultation is the government’s process for turning that legislative change into workable, statutory guidance.
What the draft Code proposes
Several amendments stand out in the draft:
Employers will not be able to relabel a tip as something else to avoid the rules. The Code makes clear that the substance of a payment determines whether it falls within scope, not its description.
New guidance sets out how consultation with workers should be conducted. Notably, the draft states that a simple majority vote should not be treated as the default or preferred method, and that employers should take active steps to hear from minority groups and workers who may be less likely to participate confidently.
Fixed or guaranteed tip allocations for specific workers or roles are discouraged. The rationale given is that locking in a set amount for one group can increase variability, and therefore unfairness, for everyone else.
On data protection, the Code clarifies that employers should not rely on data protection obligations as a reason to withhold tipping records from workers who are entitled to request them.
Employers are encouraged, though not required, to share their tipping policy with customers or display it publicly.
Who this affects
The consultation is directed at a broad range of stakeholders: employers and business owners in tipping-based sectors, workers (including agency workers and those on zero-hours arrangements), trade unions, troncmasters, employment lawyers, and payroll and accountancy professionals. The rules apply in England, Wales and Scotland. Tipping remains a devolved matter in Northern Ireland and is out of scope.
How to respond
The consultation closes at 23:59 on Tuesday 29 September 2026. Responses can be submitted online via the government’s survey, by email to tipping@businessandtrade.gov.uk, or by post to the Wage Policy Team, Employment Rights Directorate, Department for Business, Innovation, Science and Trade. Written responses should reference the relevant paragraph or question number where possible.
What happens next
Following the close of the consultation, the department will review responses and publish a formal government response. Subject to the Secretary of State’s approval and subsequent parliamentary scrutiny, a final revised Code is expected to take effect in late 2026.
This summary is based on publicly available government consultation documents and is intended for general awareness. It does not constitute legal advice. Organisations considering a formal response should refer to the full consultation document and draft Code of Practice on GOV.UK.









