Is a "compulsory" service charge legal?

Question

Often a restaurant will state on the menu "x% service charge added". If you do not wish to leave a tip, can you knock this off the bill, or have you contractually agreed to pay the service charge by ordering?

Answer 1

You will find that this is a discretionary charge. If you see the price on the menu and the service is included you may be on sticky ground. The rule of thumb in restaurants is that the menu price is what you pay. If they add anything on later it is discretionary. UK law

Answer 2

No its not compulsory - It is simply a cheeky way to get more money - you have the right to asked for it to be removed.

Answer 3

I've been in this situation before, and had very, very poor service. I complained, said I wasn't prepared to pay the service charge, and it was knocked off before my voice got any louder. It's normally slipped on there in small print, and you're half expected to leave a tip on top of that. I resent having my tip added for me in the UK - well, anywhere, really, but it's expected in the US, for example - as a tip is just that - an appreciation of good service and good food. If you don't get that, you shouldn't pay a tip. Simple. It's an incentive for the restaurant and its staff, and not compulsory.

Answer 4

I am not sure about the legality, but in my opinion, if the menu CLEARLY states that a service charge is added automatically, then you agree to pay it when you order.

Of course, you can pretty much count on your service being lousy, since the waiter/waitress has no motivation to serve you well with mandatory gratuity.

Answer 5

No, you can delete it from what you pay, it's diescretionary, but the resaurant rely on people not knowing and therefore paying it.

Answer 6

if your to cheap to go out and leave a small tip for someone feeding /serving you

STAY HOME!!!

you dont know what its like obviously to work in people related buissness...aloha

brad

Answer 7

Only if it is stated on the menu - and even then you can challenge it, especially if the service has been poor.

Answer 8

I don't think this ever claims to be compulsory. Often it's included as discretionary, and if you ever had a problem with that you should discuss it with the restaurant before ordering

Answer 9

No, it's not legally binding. Simply cross it out on the bill and pay for the value of the food. As an aside, if the meal was dreadful you can also legally pay them what you considered it was worth. Complain, leave your name and address (important, or you'll get done for theft) and leave £1, and discuss it with them later. Most won't bother apparently (I have never had to do this).

Answer 10

Well, if they tell you ahead of time, then you know. Legal or not, if you dont' like it, don't return! They usually do that with big groups because big groups are notoriously bad tippers. All the restaurant is doing is passing the expense of the servers onto the customers- really nice.

Answer 11

no it isnt legal you have every right not to pay it, you can tip at your discretion

Answer 12

if its advertised as part of thier terms then yes, serivce charge can be compulsary - just like delivery for products.

What they can't do is slap in on at the end as compulsary without you knowing about it. Just like a furniture shop can't turn up with your sofa and suddenly demand £20 to unload it.

Answer 13

A Compulsory Service Charge is not legal, if they add it you have every right to deduct the percentage from the bill when you pay.