A group of London food businesses took the case to the tribunal after HM Revenue & Customs (HMRC) said they had not been paying some staff the NMW between 2000 and 2003.

The staff had been receiving £3-£4 per hour through the payroll as well as substantial tronc payments - money from service charges and credit card tips.

The tribunal ruled that although the tips were distributed by a troncmaster, this was integral to the business payroll, The Publican reported.