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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47047
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am writing a contract staff. The majority of their salary is paid by the

Customer Question

I am writing a contract for restaurant staff. The majority of their salary is paid by the company but it is topped up by the tronc system we have in place. Can I let them know in the contract how much tronc they will receive as part of their salary.
There is a troncmaster who is in charge of the tronc distributution, which is taxed and has a separate payroll, the employer does not get involved in the tronc.
I wasn't sure though what the legal implications would be if the tronc amount was mentioned on the contract as the contract is coming from the employer & not the troncmaster
Many Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you guarantee that this amount you state in the contract would be paid?
Customer: replied 1 year ago.
The amount paid by the company is £6.50 gross per hour and the tronc part varies depending on how busy the restaurant is but staff are currently verbally guaranteed a minimum tronc of £3.20 an hour. so their basic combined wage is £9.70 gross per hour
Customer: replied 1 year ago.
so yes, I would like to guarantee a minimum amount in the contract but my question is am I allowed to as the employer because some of the salary is coming from tronc? I understand that the employer cant get involved with the distribution of tronc so by stating it in the contract it sounds like the employer is having an influence over it.... which would incur NI payments etcI guess I am just looking for the best way to word it. Could I say something like this for example:'After completion of your probationary period, your basic pay and guaranteed minimum contribution from the tronc scheme will total £9.70 per hour gross. Your basic rate of pay is £6.50 per hour gross. In addition you will be paid a share of the tronc scheme income in such amount as the Tronc Master may in his/her sole discretion determine'Thanks
Expert:  Ben Jones replied 1 year ago.
Hello sorry I was called away on something urgent and have inly just returned online. The wording you have provided is indeed what I would have suggested you do in the circumstances. I think you should avoid giving any guarantees as to the amount of tronc payments because then you may become liable for them even if the troncmaster refuses to pay them or the amount changes. So you should just state that such a benefit exists and that it is subject to a separate agreement or rules as governed by the troncmaster. This informs the employees that they would receive an additional payment but does not make you liable for it and the contractual relationship in relation to these would be between the employees and the troncmaster.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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