Information Note on the Court’s case-law 34

September 2001

Nerva and Others v. the United Kingdom (dec.) - 42295/98

Decision 11.9.2001 [Section III]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Tips included in cheque and credit card payments counted as remuneration for the purpose of minimum wage regulation: admissible

The applicants were waiters at the mater ial time. When they received a tip from a customer, the money gathered was later distributed proportionately among all the waiters. As a result of a new tax system, tips paid by customers by including the amount in cheque or credit card vouchers were paid over to their employer, who distributed an equivalent amount among the waiters, in a proportion which he decided. The sum which each of the applicants received featured in their wage slip as “additional pay”. At the relevant time, a minimum remuneration wa s provided by law for waiters. As the weekly share of the applicants' tips was regularly superior to the statutory minimum wage, they decided to challenge their employer’s right to count cheque or credit card tips as part of the minimum remuneration. The c ourts however found against the applicants both at first instance and at appeal, and leave to appeal to the House of Lords was refused.

Admissible under Article 1 of Protocol N° 1 and Article 14.

© Council of Europe/European Court of Human Rights This sum mary by the Registry does not bind the Court.

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