Tipping: court ruling

It's a question that has long vexed diners with a social conscience.

The European Court of Human Rights will reach its verdict on a landmark legal action launched by four waiters who claim many restaurants keep tips that are paid as part of a bill by credit card.

Their case was dismissed by a High Court judge in 1994, after he ruled that tips paid by credit card or cheque could be counted towards the payment of a minimum wage.

But the waiters, backed by the Central London Law Centre, took their case to the European Court of Human Rights - which makes its historic ruling after a 13-year battle.

Italian Sandro Nerva and Spaniard Jose Pulleiro took the legal action because they felt they were missing out on hundreds of pounds.

Mr Nerva said: "People give tips to waiters as a present to say thank you. They give them as an extra because you have treated them well. It's not meant to be part of someone's wage - that is very wrong."

The 64-year-old, who came to London in 1960, added: "When the English judge dismissed our case we felt very aggrieved. We weren't going to let this happen and though we knew it would take years we were determined to get our justice. The UK is the only place in Europe where these tips are part of a wage. It's a very bad situation."

Mr Nerva's claim is related to his time as a waiter at the Paradiso e Inferno Italian restaurant on the Strand, where he worked between 1983 and 1989. Mr Pulleiro also worked there. The other two claimants worked at the now defunct Trota Blu wine bar in Leicester Square. Julio Rodriguez has since died and Jose Gigirey-Cabo is now in Spain

Mr Nerva, originally from Milan, said: "Being a waiter is not a highly paid job. You rely on your tips to put a roof over your head and feed your family. We are determined to right this injustice."

A spokesman for Mr Nerva added: "Sandro isn't the type of person to give up when he knows he's right. He no longer works as a waiter and claims disability benefit because he's in very poor health but he's determined to see it through."

Their solicitor Catherine Scrivens said the law centre had taken up the case because it considered an injustice was taking place.