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RFU safety protocols aren’t working

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EXETER, ENGLAND - SEPTEMBER 22: Immanuel Feyi-Waboso of Exeter Chiefs is tackled by Solomone Kata and Ollie Chessum of Leicester Tigers during the Gallagher Premiership Rugby match between Exeter Chiefs and Leicester Tigers at Sandy Park on September 22, 2024 in Exeter, England. (Photo by Dan Mullan/Getty Images)

Let’s go back to basics, briefly, shall we? Rugby is a game based on bashing your opponent out of the way.

If there is something you can never accept about a sport that demands physical dominance, then tiddlywinks, chess or beach volleyball may be for you.

OK, now we have re-established that, next consider the difficulty of framing that fight for dominance within a system monitored by the painstaking, meticulous, evidence-based and yet often very nuanced fields of doctors and lawyers.

This is the system in which the Leicester Tigers coach Michael Cheika operates – and has been doing for more than 20 years – and this week it delivered him a one-match ban, with another suspended, for a row he had with a doctor at Exeter Chiefs.

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The lawyers went to and fro on deciding how rude Cheika may or not have been, while also trying to untangle how the independent match doctor and Leicester’s own team doctor had dealt with the final fraught minutes of their Premiership match at Sandy Park.

We can all review the ins and outs, because the Rugby Football Union, who oversee discipline using independent panels, always publishes a summary. It was rushed out this time, in case Cheika wishes to appeal before the ban kicks in this weekend.

So you can judge for yourself, albeit in the cold light of day, what happened when Cheika hastened to the medical room and had the conversation with the doctor.

My feeling already is the best use of this case is to view it in the context of what the game is trying to do. Whether or not we think Cheika did or didn’t behave appropriately, it must reflect back on the circumstances all involved were subject to, which is the increasing use of technology aimed at preventing professional rugby players sustaining brain injuries.

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It is useful to rewatch the relevant section of the match. With 10 minutes left, and Leicester trailing 14-10, their England lock Ollie Chessum clashed heads with a teammate, Solomone Kata, and they both fell to the ground. Chessum appeared to show a “criteria-1” sign of possible brain injury as he lay flat out, and the independent doctor later decided he should have been substituted with no head injury assessment (HIA), as regulations demand. But that wasn’t what happened. Instead Chessum did receive an HIA, and went back on – indeed he caught the line-out that led to Leicester’s winning try and a success for Cheika in his Leicester debut.

Alongside all this, Kata did not go off the field for examination, and about a minute later bashed into an opposing player. He was given a red card for dangerous play but even if he hadn’t, he would have been permanently removed because of what he had done to his head. Again, the initial decision was later determined by the independent doctor to have been an error.

Now, you might say the pitchside spotter with a tablet who keeps an eye out for signs of concussion, and the independent doctor each “had one job”, and clearly it did not go well. But in real time, when these incidents are occurring, we surely need to cut some slack. We must believe these medically-trained people do not want to put anyone at risk, and the same goes for coaches and players.

Within the Cheika judgement there is a mention of faulty Wi-Fi. This then flicks us back to Sale Sharks v Harlequins, when Tom Curry was sent back on to the field because the doctor had not seen the video of the England flanker apparently losing consciousness. Such a return absolutely should not happen, but it did, until Curry was correctly substituted 20 minutes later.

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All HIAs are reviewed by an independent firm, Alligin, and a failure of technology was blamed. i was assured this week that the monitoring equipment would be double- and triple-checked at Sale’s next match.

Then look at Harlequins v Newcastle last week, and another case of tech versus rugby reality. Newcastle centre Sammy Arnold was having a stormer until the 13th minute when he was called off for a 12-minute head injury assessment. No, he appeared to be attempting to tell the referee, I haven’t had a head knock.

Referee Luke Pearce, who is under strict instruction that any player whose mouthguard pings an alert of a “head-acceleration event”, to use the correct term, to the medics, insisted Arnold leave the field. It turned out the player had the mouthguard in his sock, not his mouth. Newcastle lost their 7-0 lead and eventually the match, although their coach Steve Diamond said the absence did not alter the result.

i asked the Premiership about this, too, and in initial discussion it appears a head-acceleration event might still register on the mouthguard, even if it was in a sock. This did fly in the face, if that’s the right expression, of the match video showing Arnold kicking the ball down the field just before he was called off.

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But further investigation is warranted, and we might also ask if it’s right for World Rugby to have pegged the use of mouthguards to the availability to a player of the HIA process. There could also be a check on whether all the independent match doctors are fully versed in the cut and thrust of a rugby game.

To enquire after these matters is not to hang anyone out to dry, but to understand whether the measures against brain injury are working.

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GB News allowed to challenge Ofcom ruling at full court hearing

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GB News allowed to challenge Ofcom ruling at full court hearing

GB News has been given the green light to challenge a finding that it breached Ofcom’s rules in a Q&A programme with then-prime minister Rishi Sunak.

A High Court judge did refuse to temporarily block Ofcom from sanctioning the channel, but said the watchdog has already pledged not to publish its sanction until the case has been heard in full.

Ofcom said in May it was considering a statutory sanction against GB News for “serious and repeated” breaches of due impartiality rules under the Broadcasting Code.

Its potential sanctions include: telling a broadcaster not to repeat certain content, forcing it to air a correction or statement of the Ofcom findings, a financial penalty, and ultimately shortening, suspending or revoking a broadcast licence.

The sanctions process began after Ofcom decided that an hour-long live programme called The People’s Forum, in which Sunak answered audience questions, failed to meet impartiality rules because the then-PM was not sufficiently challenged.

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GB News had intended for Labour’s views to be represented in a follow-up programme with Sir Keir Starmer but this had not been announced publicly at the time of the Sunak Q&A and it was then cancelled after Ofcom’s intervention.

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The channel asked the High Court to order that Ofcom could not complete its “sanctions process” amid a legal challenge over the regulator’s finding about the Sunak programme.

Barristers for GB News argued that the publication of the sanction would cause “irreparable damage” to its reputation.

In a ruling on Friday Mr Justice Chamberlain said that the “likely impact” on the channel had been “overstated”.

He did however give the channel the green light to challenge the finding that it had breached Ofcom’s rules in the High Court, and added that Ofcom has already pledged not to publish its sanction until the case had been heard.

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Giving judgment at a hearing in London, the judge said: “There is significant public interest in allowing Ofcom to complete its process and publish its decision.”

He continued that the benefits of pausing the sanctions process were “firmly outweighed” by allowing it to continue, which he said would “promote public confidence” and “reinforce the importance of complying with the code”.

But he said that GB News’s case was “reasonably arguable” and its arguments “raise grounds of considerable public importance” which “should be considered at a substantive hearing”.

Tom Hickman KC, for GB News, argued on Thursday that Ofcom had unlawfully found that the breach was “serious and repeated”, and that deciding on and publishing a sanction during the legal challenge would cause “irreparable damage”.

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Anya Proops KC, for Ofcom, said in written submissions that the breach was the channel’s twelfth since March last year and that it was “not arguable” that it had “erred in law” through its decision.

She continued that the bid to stop Ofcom from publishing the sanction was based on an “inevitably speculative presumption” of what the sanction would be, and that claims the channel would suffer reputational harm “do not withstand scrutiny”.

A further hearing in the case is expected to be held at a later date.

GB News chief executive Angelos Frangopoulos said in response to the ruling: “We are extremely pleased the Court has recognised the merits of our legal challenge and approved our case to proceed to the next stage.

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“We have believed from the very start that the People’s Forum was an important piece of public interest programming, and that it complied with the Broadcasting Code.  It was designed to allow members of the public to put their own questions directly to leading politicians. The programme with the Prime Minister was always intended to be part of a series of programmes, unfortunately the commencement by Ofcom of an investigation into the programme meant that future programmes were suspended and could not be broadcast. 

“GB News choses to be regulated and we understand our obligations under the Code, but Ofcom is obliged by law to uphold freedom of expression and apply its rules fairly and lawfully. We believe some of its decisions in relation to GB News have been neither fair nor lawful and the court has recognised that there are serious arguable issues to be determined in this respect.  As the People’s Channel we will continue to champion freedom; for our viewers, for our listeners, and for everyone in the United Kingdom.

“The Court has also made clear that any sanction which Ofcom may go on to impose on GB News would need to be expressed as subject to the outcome of GB News’ legal challenge.”

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Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our “Letters Page” blog

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Rachel Reeves vows to ‘invest, invest, invest’

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Rachel Reeves has vowed to “invest, invest, invest” as she prepares to ramp up borrowing to fund a multibillion-pound capital programme at this month’s Budget.

But the UK chancellor also sought to assure jittery markets, telling the Financial Times she would install “guardrails” and was not in “a race to get money out of the door”.

“It’s about making prudent, sensible investments in the long term and we need guardrails around that,” she said.

In an interview, Reeves also indicated higher taxes would help fill a £22bn hole she has identified in the public finances and take pressure off government departments, some of which faced real-terms cuts. “There won’t be a return to austerity,” she said. 

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Reeves has signalled she wants to ease borrowing rules in her October 30 Budget, the first by a Labour government since 2010, to fund extra capital investment in areas such as green energy projects and transport schemes.

But Reeves said the Office for Budget Responsibility, the fiscal watchdog, and the National Audit Office, the spending watchdog, would have key roles in scrutinising her plans and assessing their long-term value.

“We will make sure that investment genuinely boosts growth and we will look at the role of institutions to demonstrate that, including, for instance, the NAO as well as the OBR,” she said.

Yields on the 10-year gilt were at 4.12 per cent on Friday, the highest since late July, partly reflecting concerns among investors that Reeves will sharply increase borrowing in the Budget

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Analysts have also argued that the chancellor should introduce robust reviews of investment to police valuations and net returns, reducing the risk that public money gets frittered away on poorly judged projects.

Reeves’s advisers have been discussing ways of ensuring the OBR fully reflects the growth-enhancing benefits of public investment as it pulls together its fiscal forecasts. “Invest, invest, invest is the theme of this Budget,” she said.

Part of the problem, however, is that the time needed to put projects in place mean the bulk of the growth benefits from new infrastructure projects can take longer than five years to be felt — even though this is the time horizon under which the chancellor is assessed under her fiscal rules.

“I hope that at the Budget the OBR will look at not just the short-term impact of boosting capital investment but also the long-term impact and the catalytic impact of public sector investment crowding in private investment,” she said. 

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Reeves was speaking on a train en route from London to Merseyside, where she and Prime Minister Sir Keir Starmer announced more than £21bn of support over 25 years to develop the carbon capture and storage industry.

The chancellor confirmed she was looking to revise her fiscal debt rule to “take account of the benefits of investment, not just the costs” but declined to say how much more borrowing this would allow for capital expenditure.

Reeves intends to stick to her rule that states that net debt as a share of GDP should be falling between the fourth and fifth year of the forecast, but crucially she is looking at changes to the way that debt is defined.

Switching to balance sheet measures such as public sector net worth or public sector net financial liabilities would boost budget headroom by upwards of £50bn by the end of the parliament, allowing her to borrow tens of billions more for investment.

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Investors are seeking reassurances that only part of this extra borrowing capacity would actually be used if she went down this route.

Reeves inherited plans from the previous Conservative government that would have seen a succession of cuts in public sector net investment.

Reversing those cuts and keeping net investment at this year’s level as a share of GDP would imply £24bn of extra annual spending by 2028-29, the Institute for Fiscal Studies said. Treasury officials admitted it would be “difficult” to achieve that figure.

Reeves will also use her Budget to raise taxes to help boost day-to-day Whitehall budgets, ripping up spending plans by ex-Conservative chancellor Jeremy Hunt that implied real-terms cuts for “unprotected” departments such as justice and local government.

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“The idea of this Budget is to wipe the slate clean and make an honest assessment of spending pressures and tax as well,” she said. “The previous government was relying on a fiction. The Budget is an opportunity to bring honesty to the public finances.”

Reeves hinted that the £22bn fiscal “black hole” she claims to have unearthed this year was not a one-off. Many of this year’s costs — such as higher public sector pay — will recur in later years, along with other unexpected costs, and would need permanent funding.

“The truth is, if you add £22bn every year, you’re underwater on the previous government’s fiscal rules,” she said. She has refused so far to set a timetable for balancing the current budget but said that “five years is obviously the maximum”.

Reeves said the need to find tax revenues to cover current costs was “the real binding constraint at this Budget”.

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She suggested that the wealthy should accept that they would have to pay their share, arguing that “bringing back stability” to the public finances would create the foundations for growth and future wealth creation.

Higher taxes on private equity bosses, private school fees and non-doms — albeit scaled back — are expected in the Budget, with speculation of higher rates of capital gains tax. “I’m not being ideological about this but we need to raise money,” Reeves said.

Meanwhile, Reeves admitted that the public was unsettled by the recent controversy over free clothes and other gifts donated to senior Labour figures. The issue has come at a time of tough financial pressure and after her early decision to cut £1.5bn of winter fuel payments to about 10mn pensioners.

In 2023 and this year Reeves accepted a total of £7,500 from an old friend, which was used to buy clothes before the election. She also accepted tickets for an Adele concert.

“I do understand why people think it is a little bit odd,” she said. “I’ve not taken any of these donations since I became chancellor. It’s important when you’re in government that you’re held to higher standards because you’re actually making decisions that affect the public.”

     

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Train track left hanging in the air after Bosnia landslides

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Train track left hanging in the air after Bosnia landslides

A 200m (650ft) stretch of train track was left suspended in the air following flash floods and landslides in central Bosnia-Herzegovina.

At least 19 people have died, and several others have been reported missing. A state of emergency has been declared.

Footage has also shown homes and vehicles being almost submerged by flood waters

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Debt creativity can dig UK out of its public finance black hole

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Your obituary of Peter Jay “The editor who became Britain’s man in Washington” (September 28) highlights his continued importance, not least to students of economics who are still reminded of the speech he drafted for his father-in-law prime minister, James Callaghan, to deliver at the 1976 Labour party conference. It included the lines “we used to think that you could spend your way out of a recession . . . I tell you in all candour that that option no longer exists”.

Jonathan Derbyshire’s obituary correctly points out this speech “called time” on the traditional economic policies and instruments of the postwar consensus. But the tribute could have made more of the period when Jay was BBC economics editor. There was no mention, for example, of his documentary and book The Road to Riches. It’s worth rereading. In it Jay comments that after many years of wars (from the nine years’ war to the American war of independence) there had been a massive increase in the UK national debt despite a huge increase in taxation. Sound familiar? The solution, he wrote, was “to make it easier and more attractive for those with money to lend to the government and less burdensome for the government to borrow”.

In modern terms, reform of the government bond (gilts) market could provide a parallel. Three aspects are worthy of attention. The market could be made more easily accessible to retail investors via online share-dealing platforms.

Inflation-linked annuities — surely the most appropriate investment for securing retirement income — could be provided directly by the Debt Management Office. The private sector seems particularly poor at providing such instruments.

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And third, government debt to directly finance much-needed capital infrastructure projects could be launched. It is a time for creativity in government debt management rather than just filling black holes.

Paul Temperton
Chalfont St Giles, Buckinghamshire, UK

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Ex-police officer under criminal investigation over Andy Malkinson case

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Ex-police officer under criminal investigation over Andy Malkinson case

A retired police officer is under a criminal investigation over the wrongful conviction of Andy Malkinson for a rape he did not commit, the police watchdog has said.

The former Greater Manchester Police officer is being investigated for allegedly perverting the course of justice and misconduct in public office in relation to Mr Malkinson’s trial 20 years ago, the Independent Office for Police Conduct (IOPC) said.

The former officer and three other officers, who are also retired, are also being investigated for alleged gross misconduct.

Mr Malkinson was exonerated last year after suffering the longest miscarriage of justice of the 21st century.

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Mr Malkinson said he felt vindicated by the IOPC investigation but he would “not be satisfied until officers face real consequences”.

“If Greater Manchester Police get away with what they did to me, they’ll keep doing it. It’s as simple as that,” he said.

Judges at the Court of Appeal were told of long-undisclosed DNA evidence that showed another man must have been the rapist in an attack on a woman in 2003.

No forensic evidence ever linked Mr Malkinson to the victim and he did not bear a facial injury that she had inflicted upon her attacker as she fought to defend herself.

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He did not look like her initial description of the rapist and there was no evidence to link him to the secluded scene of the crime, near Bolton.

Mr Malkinson spent 17 years in jail protesting his innocence and a major judge-led inquiry is continuing into how the wrong man was convicted.

The decision to investigate the four officers comes after the IOPC took over a review into how GMP had itself handled complaints from Mr Malkinson.

An IOPC statement said that it was looking at how GMP came to identify Mr Malkinson as the key suspect and whether witnesses had been offered incentives to pick him out.

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The watchdog said it was also investigating whether there had been a failure to disclose information that may have helped Mr Malkinson at his trial and it was also looking at whether officers followed the “appropriate processes” in how Mr Malkinson had been identified.

The watchdog said it was also investigating how GMP handled and disposed of evidence.

During Mr Malkinson’s successful appeal last year, it emerged that the original DNA samples recovered from the victim and her clothing had been destroyed.

Catherine Bates, IOPC Regional Director, said: “Mr Malkinson is a victim of one of the worst miscarriages of justice in British history.

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“Following a detailed review of evidence spanning a period of more than 20 years, we have now informed four retired GMP officers that they are under investigation for potential gross misconduct.

“One of the officers has also been notified that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

“We will continue to keep Mr Malkinson and GMP updated on our progress.”

Emily Bolton, Mr Malkinson’s lawyer at the legal charity APPEAL, welcomed the IOPC’s decision to continue its investigation.

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“Andy’s wrongful imprisonment was not an unavoidable accident,” she said.

“Police accountability isn’t optional – it’s essential. Andy, his family, and the rape victim in this case all deserve justice.”

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When to tip and when not to tip

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When to tip and when not to tip
Getty Images Customer in cafe making contactless payment with mobile phone to a waitress wearing a red and white checked apronGetty Images

It’s the end of a meal out and you’ve been presented with the bill. Suddenly the pleasure of the food you’ve just eaten is replaced by a faint wave of anxiety as you realise you’ve got to work out how much to tip.

If you tip too little will you face the wrath of the waiting staff? Will you end up tipping too much? And if the service was bad, should you tip at all?

The debate is not restricted to restaurants – gratuities can be offered to many workers including hairdressers, taxi drivers and hotel porters.

A new law means workers must receive all of their tips – which is expected to benefit some three million workers in England, Scotland and Wales.

But there are no hard and fast rules about how much you have to leave.

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‘Show appreciation for good service’

Mae, a 17-year-old waitress for a small business, says she doesn’t expect customers to tip on top of the service charge that is added to the bill.

“So it’s quite unusual for customers to tip afterwards, which is fine. Lots of customers actually double check that when they’re paying that there is service on there and that it gets divided fairly.”

But she says one of her friends works somewhere where they don’t add a service charge so the customers there do tip – mostly.

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A tip is “an uncalled for and spontaneous payment offered by a customer,” according to the government, whereas a service charge is “an amount added to the customer’s bill before it is presented”.

Etiquette expert Laura Akano, from Polished Manners, says it’s always “up to the individual” how much to tip but thinks “it’s important to show appreciation if you’ve had a good service”.

If a service charge is discretionary you can ask for it to be removed. If it’s mandatory you can’t – but the establishment must make this clear to you verbally or in writing before you order.

Both tips and service charges may be shared between many staff – for example, the person who brought you your dish as well as the one who washed it up.

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‘My regulars took me out and paid for my drinks’

Peter, 40, from Leeds, says the most memorable tip he got was from his two favourite regulars in a pub.

He knew them well, and would have their pints poured for them before they reached the bar.

One evening he was closing up and they invited him to join them – at a local strip club.

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“They paid for all my drinks, and a dance for me,” he says. “That was generous.”

On his final shift at the bar some other regular customers pressed £10 notes into his hands and wished him well, “which was very kind of them”, he says.

However, he has also worked in restaurants where tips were withheld by the management, and a hotel where the service charge was never paid to staff.

“But when you need a job, and that’s what’s available, you don’t really argue too loudly,” he says.

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The new law means the service charge must now be paid to staff.

‘It’s nice to have a guide’

Getty Images Young male waiting staff wearing a blue T-shirt and red apron, holding a notepad in one hand and typing on a touchscreen with the other handGetty Images

It’s entirely up to you how much you leave as a tip, but many tourism websites suggest leaving about 10% to 15% in the UK.

Where Mae works, a 12.5% service charge is added to the bill.

Jemma Swallow, who used to own a tea shop in London, says 10% “covers most situations, without leaving the customer resentful of being asked for it and the staff for not receiving one”.

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Ms Akano agrees that 10% is about right. “Whether people do that or not is a different thing but it’s nice to have a guide.”

Outside the UK, in countries such as the US, tipping can involve paying more than 20%, which is often compulsory even if the service is mediocre.

Mae says she doesn’t tip in the UK because the service is almost always included, but did when she went to the US.

“I did tip every time because the tipping culture is different there. That being said, it was a bit uncomfortable at times.”

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In some Asian countries tipping is seen as rude, although the spread of Western-brand hotels is making the practice less of a taboo.

“Penelope”, not her real name, is a kitchen manager and says the level of tip depends on where you’re eating.

If it’s a Hungry Horse, you have certain expectations of what the meal will be like, and will tip accordingly. If you’re dining at the Ivy, however, you’re likely to tip more “to give the impression you’re a big spender”, she says.

“At the end of the day, it’s theatre,” she adds.

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‘It feels like blackmail’

Nige Eaton says a service charge 'does feel like some sort of blackmail' Nige Eaton in a fez and sunglasses, posing next to a London Irish Supporters Club 20th Anniversary cut-out signNige Eaton says a service charge ‘does feel like some sort of blackmail’

Nige Eaton doesn’t like it when a service charge is automatically added to the bill

If a discretionary service charge has been added to your bill and you don’t think it should have been then you have the right to ask for it to be removed.

Regular restaurant goer Nige Eaton, 56, from Bedfordshire, says he’s always been concerned that tips don’t reach staff, and doesn’t like eateries that automatically add a service charge.

“When it’s printed on the bill, it does feel like some sort of blackmail and some customers feel forced to pay it, which is wrong,” he says.

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If staff do a good job, they should be tipped – but this should be down to the customer, he says.

Etiquette expert John-Paul Stuthridge says it’s prudent to check restaurant websites to see whether a service charge is included “given the prevalence of ‘surprise’ service charges”.

“You could ask a member of staff, but discretion is the name of the game, so try to ask them swiftly and out of earshot from your guests.”

Ms Akano suggests letting a member of staff know you’re unhappy about the charge before the bill even arrives. This way they might remove the service charge for you.

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‘A good review helps more than loose change’

Tipping in many industries has evolved from the days of leaving spare change on a table, with card and contactless payments now the norm.

However, “the spirit of tipping to thank hardworking staff remains strong,” says Kate Nicholls, chief executive of trade group UK Hospitality.

“If you want to tip a particular person, a cash tip will allow them to keep it themselves, while leaving a tip on the bill or behind on the table will benefit the whole team, from front-of-house to chefs and kitchen porters working hard in the kitchen.”

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An alternative to tipping in the 21st Century could be leaving a social media post, which people increasingly do, and is “honestly very appreciated”, according to Mae, who says her bosses “are really on it with things like reposting stories where people have photos of the food”.

Mr Stuthridge says leaving a positive review on social media can actually be worth more than a good tip, depending on the size and nature of the restaurant.

“The time and energy spent to leave a good review probably helps the business more in the long term than any loose change could.”

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