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Eclyde

Ireland

The tipping rules, and what they require.

Since December 2022 there are specific obligations on how tips are distributed and displayed. A lot of restaurants still have no written policy.

In short

Under the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, in force since 1 December 2022, Irish employers must distribute electronic tips fairly, must not use tips to make up basic wages, must give staff a written tips policy, and must clearly display how tips, gratuities and service charges are distributed. The WRC can impose fines for non-compliance. This is a summary, not legal advice.

Updated 28 August 2026

What the Act requires

Four obligations sit at the centre of it, and they apply to hospitality among other sectors. None of them are onerous individually, and the one most commonly missed is simply having the policy written down and displayed.

  • Electronic tips distributed fairly among staff
  • Tips cannot be used to make up basic wages
  • A written policy given to employees
  • Clear display of how tips and service charges are distributed

The display obligation

You must clearly display your policy on how cash and card tips, gratuities and service charges are distributed. That includes whether they are shared among staff, how they are shared, and whether any portion of a service charge is distributed. The point is that a customer should be able to see where a tip goes before deciding to leave one.

Service charges are treated seriously

If you apply a service charge, you need to be clear about whether it reaches staff and how. Describing a charge in a way that suggests it goes to staff when it does not is exactly what the legislation is aimed at. Decide your position, write it down, and display it accurately.

Tips cannot subsidise wages

Using tips to make up basic pay is prohibited. Wages are wages and tips are additional. This matters for how you structure pay generally, and it is worth checking that nothing in your arrangements could be read as offsetting one against the other.

Get the policy written before you need it

New employees are entitled to the policy near the start of employment, so it has to exist in writing rather than as an understanding. Fines can be imposed for non-compliance, and beyond that, tip distribution is one of the most common sources of conflict in a hospitality team. A written policy prevents most of those arguments.

Questions, answered straight.

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Does this cover cash tips?

The distribution obligations are focused on electronic tips, while the display obligations cover how cash and card tips and service charges are handled. Check the detail for your arrangements rather than assuming cash is out of scope.

Can I keep a share as the owner?

Distribution has to be fair, and there are constraints on employer retention. This is an area to take proper advice on rather than deciding informally.

What counts as fair distribution?

The Act uses fairness rather than a formula, taking account of factors like role and hours. Document your reasoning, because the ability to explain the basis is what matters.

What are the penalties?

The Workplace Relations Commission can impose fines for non-compliance. The practical risk for most restaurants is a complaint from a staff member rather than an inspection.

Is this legal advice?

No. It is a plain summary of obligations restaurants commonly overlook. For your specific arrangements, take proper employment law advice.

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