§ Mr. George Robertson
asked the Secretary of State for Employment (1) what powers he has to enforce paragraph 14 of the licensed residential establishment and licensed restaurants wages council order; and how many times in the last year these powers have been exercised;
(2) what powers he has to enforce paragraph 6 of the licensed residential establishment and licensed restaurants wages council order; and how many times in the last year these powers have been exercised.
§ Mr. Jim Lester
[pursuant to his reply, 18 March 1980]; Powers given by section 22 of the Wages Councils Act 1979 enable me to appoint officers to enforce the provisions of wages orders. All wages inspectors so appointed enforce the current wages order of the licensed residential establishment and licensed restaurant wages council.
In paragraph 6 of the wages order a lower minimum rate is provided for service workers in London whose employers guarantee to "make up" their weekly tips if they fall short of a stipulated amount. This guarantee must be in the form of a written agreement but the Inspectorate cannot enforce the terms of the agreement. Observance of the terms 385W of the agreement is a matter for the parties; if the agreement exists the lower rate is payable.
In paragraph 14 special provisions relating to rest days are made where an agreement between employer and worker allows for time off in lieu of time worked on a rest day. The inspectorate cannot insist on observance of the terms of the agreement; if the agreement exists, the special provisions apply.
Records are not kept of the number of times enforcement action has been needed in relation to these two paragraphs.