Operator Terms – SuperTronc Addendum
This version applicable from 14th November 2024. For terms prior to 14th November 2024 please click here.
- Definitions Where the Operator elects to operate the SuperTronc scheme operated by TiPJAR, the following terms shall apply:
- SuperTronc: A product from TiPJAR enabling distribution of tips, gratuities, and voluntary Service Charge collected by the Operator to Operator Workers of the Operator in accordance with Tronc legislation.
- TJ SuperTronc Ltd: A company registered in England and Wales, registered number 13843425.
- Voluntary Service Charge: An amount added to the customer’s bill before it is presented to the customer as a purely discretionary amount without obligation to pay.
- SuperTronc Tips: Amounts paid by the Operator to TiPJAR in accordance with TiPJAR’s instructions to include only Voluntary Service Charges collected in alignment with legislation; Tips or Gratuities, being uncalled for payments submitted by the customer when paying a bill via Credit Card, Cash, or Cheque. For the avoidance of doubt, SuperTronc tips do not include:
- Mandatory Service Charges which the customer is obligated to pay.
- Any amounts of money collected from customers that are not explicitly voluntary Service Charges, Tips, or Gratuities.
- The Operator’s own funds.
- Tronc Legislation: Current UK legislation relating to tips, gratuities, and voluntary service charges and their distribution, including:
- The Employment (Allocation of Tips) Act 2023.
- Tax legislation under regulation 100 of Income Tax (Pay As You Earn) Regulations 2003.
- National Insurance contributions legislation at paragraph 5, part 10, schedule 3 of the Social Security (Contributions) Regulations 2001.
- National Minimum Wage Regulations 1999 at regulation 31(1)(e).
- VAT Guide Notice 700 and Notice 709/1 Catering and Takeaway Food.
- HMRC: His Majesty’s Revenue and Customs.
- Tronc Payroll: A PAYE Tronc payroll scheme operated by TJ SuperTronc Ltd as Troncmaster in accordance with HMRC requirements and Tronc legislation.
- Troncmaster: The person or company in control of the tips for a given Tronc Scheme and responsible for deciding on the distribution of tips amongst Operator Workers. For the purposes of SuperTronc, the Troncmaster is TJ SuperTronc Ltd. TiPJAR provides services to the Troncmaster to assure operation of the Tronc.
- Scheme Rules: The rules for distribution of SuperTronc tips to Operator Workers of the Operator as decided by the Troncmaster.
- SuperTronc Configuration: The configuration of the integrated data connections between TiPJAR and the Operator's systems enabling the automatic collection of the Operator Data and the associated mappings between these systems and TiPJAR including mapping of locations and employment capacities (job roles) between each system.
- Operator Data: The data provided by the Operator whether through integrated data connections or provided directly by file-exchange including the amounts, location and dates of Supertronc Tips collected and the employment capacity (job role), location, duration and dates of work delivered by Operator Workers.
- Site: A place of business operated by the Operator within which Supertronc Tips are collected.
- All other definitions will have the meaning defined in the relevant Operator Terms and Conditions and Order Form.
- Obligations of TiPJAR. Where the Operator elects to use the SuperTronc product, TiPJAR agrees:
- To provide a template recommended Tronc Policy for the Operator to adapt and adopt. Further consultation on the Operator's Tronc policy is available at the costing outlined in Supertronc Additional Charges.
- To decide upon the Scheme Rules and provide a copy of the Scheme Rules for inclusion in the Operator's Tronc Policy.
- At the Operator's request, to review the Scheme Rules once in each 12-month period.
- To invite Operator Workers to join the scheme subject to the Operator notifying TiPJAR of the Operator Workers' contact details and relevant payroll information. Participation in the scheme by Operator Workers is voluntary and subject to their acceptance of the Scheme Rules.
- That SuperTronc Tips paid by the Operator will be duly allocated to OOperator Workers that are correctly registered for the scheme i) in accordance with the Scheme Rules set by the Troncmaster or ii) where the Troncmaster determines it necessary for reasons of fairness or compassion, at the discretion of the Troncmaster.
- Unless specific causes preclude it, SuperTronc Tips will be distributed no later than the end of the month following the month of receipt in accordance with the Employment (Allocation of Tips) Act 2023.
- To process distributions in accordance with the Operator Data.
- To make all distributions of SuperTronc tips through the Tronc Payroll operated by the Troncmaster.
- To handle all returns and submissions to HMRC regarding the operation of the Tronc Payroll.
- Obligations of the Operator. Where the Operator elects to use the SuperTronc product, the Operator agrees:
- That TJ SuperTronc Ltd is duly appointed as Troncmaster for the Operator, responsible for directing distribution of the SuperTronc tips.
- To notify HMRC of the arrangement where required.
- To ensure the accurate and timely provision of the Operator Data to TiPJAR in accordance with instructions provided by TiPJAR. Failure to do so will result in delays to tip distribution, for which TiPJAR will not be liable.
- To ensure SuperTronc Tips are paid in a timely fashion to a bank account nominated by TJ SuperTronc Ltd using the payment references provided. Failure to do so will result in delays to tip distribution for which TiPJAR will not be liable.
- To indemnify Pocket Change Pioneers Ltd and TJ SuperTronc Ltd from:
- Claims from third parties, including HMRC, due to payment of funds to the nominated bank account that are not SuperTronc Tips collected in alignment with UK legislation.
- Claims from Operator Workers due to non-payment or delayed payment of SuperTronc tips to TJ SuperTronc Ltd.
- Claims arising from incorrect Operator Data, delayed provision of Operator Data, or missing Operator Data.
- Claims from Operator Workers or third parties, including HMRC, under National Minimum Wage legislation.
- Errors and Disputes:
- Where an Operator Worker reports that an error has been made in a distribtion due to incorrect Operator Data, TiPJAR will refer the Operator Worker to the Operator in the first instance to assess whether the Operator Data was provided correctly and seek an informal resolution with the Operator Worker.
- Should the Operator not achieve an informal resolution of the matter within 30 days, TiPJAR will have the right to initiate a dispute resolution process at a charge of to the Operator as listed in the Supertronc Additional Charges Policy and follow the below process.
- Step 1: TiPJAR will require the Operator Worker to file a formal error report with TiPJAR.
- Step 2: A copy of the error report will be provided to the Operator and the Operator will have a further 30 days in which to resolve the matter with the Operator Worker.
- Step 3: TiPJAR will offer the Operator Worker and Operator the opportunity to meet with a representative of the Troncmaster, following which the Troncmaster will report their final decision on the matter.
- Corrections:
- The Employment (Allocation of Tips) Act 2023 requires 100% of received funds to be distributed and precludes movement of funds between Sites, so the Troncmaster is not able to reserve any funds for the purposes of correcting errors and cannot use funds collected in one Site to address errors made in another Site.
- Therefore corrections may only be via making adjustments to future distributions within the Site in which the issue occurred.
- As no funds can be held in reserve, no payments can be made outside of scheduled tip disbursements. This applies even where an Operator Worker has been omitted or underpaid.
- Corrections may only be made to future distributions when this does not unfairly treat other Operator Worker beneficiaries ("Members" of the Tronc). For example, withholding tips from other Members to correct an error affecting one Member of the Tronc may not be possible when to do so would reduce other Members tips significantly or for a long time. In these circumstances it will be necessary for the Operator to compensate the Operator Worker directly rather than through distribution of future Supertronc Tips.
- Where the employer requests TiPJAR to complete a correction and TiPJAR assesses it is fair to do so, this will be subject to a processing charge as per the Supertronc Additional Charges Policy.
- Should for any reason the Troncmaster distribute any amount in excess of the Supertronc Tips, such amounts shall be recovered from subsequent Supertronc Tips received at the earliest opportunity, and should no further Supertronc tips be received, such amounts will be recovered from the Operator.
- Configuration Changes & Manual Submissions:
- Changes to the Supertronc Configuration will incur charges as per the SuperTronc Additional Charges Policy.
SuperTronc Additional Charges Policy
Service Requested | Applicable Charges |
---|---|
Corrections due to incorrect data provided | |
- Calculating and processing an adjustment to a distribution to correct a previous allocation that was based on incorrect data provided by the Operator. | - £250 per split that is subject to correction. |
Policy Changes | |
- Review of tronc rules beyond one annual review. - Changes to tronc inclusion. - Consultation on Operator tronc policy wording. |
- Minimum of £400 for up to 4 hours review. - Further support charged at £400 per additional half day required. |
Configuration Changes | |
- Migrating from one tip value data feed (EPOS) to another. - Migrating from one scheduling data feed (rota system) to another. - Migrating from an integration tip/hours data feed to a manual process. - Additional roles added to role-points mapping including role exclusions without notice (Becomes chargeable 6 weeks following launch). |
- Fixed charge of £400 to migrate to supported POS or Rota system. - Fixed charge of £400 to migrate from integration to manual process. - Migration to unsupported systems based on quote. - Additional roles added to role-points mapping without notice charged at £25 per role. |
Manual Submissions | |
- Where an operator wishes to deactivate integrations agreed and move to manual CSV hours submission. - Where an operator does not wish to utilise integrations but manually provide files. |
- £50 per site per split. |
Unresolved Dispute Resolution | - £250 per dispute. |