You reap what you sow: Agricultural workers

Spring has sprung, and for many rural businesses this is a time of year to plan ahead. As we inch closer to summer, demand for agricultural workers grows: farms will need to think carefully about how they will keep pace with time-critical work such as harvesting and shearing.

Certain parts of the UK farming industry rely heavily on agricultural workers to meet demand in busy seasons, but the rush to secure workers can often leave business owners falling a few steps behind on their employment law compliance. With random and risk-based checks carried out by the Scottish Government Agricultural Wages Inspectors, it’s important that employers have their ducklings in a row.

In this article we look at the key differences between agricultural workers and ordinary employees, highlighting the key considerations that employers should keep in mind when hiring agricultural workers.

What is an agricultural worker?

It can often be difficult to determine whether an employee is an agricultural worker. And this is an important distinction, because agricultural workers have a number of enhanced entitlements in comparison to an ordinary worker. Speaking generally, agricultural workers are those employed in agriculture, such as dairy-farming, the production of consumable produce, and/or horticulture.

Pay

One of those entitlements relates to pay and overtime. There are specific rates of pay applicable to agricultural workers, and those with certain qualifications or who are deemed to be skilled workers are entitled to additional hourly payments. There are also strict rules in relation to overtime. For example, agricultural workers are entitled by law to 1.5 times the minimum hourly rate for overtime worked. For workers with service of up to 26 continuous weeks, overtime must be paid where they have worked for more than 8 hours in any one day, or for more than 48 hours in a week. For those with over 26 weeks continuous service, overtime must be paid where they work more than 8 hours in any one day or 39 hours in a week. Employers must keep time sheets (or an automatic equivalent) for agricultural workers, and these should be retained for a period of three years.

There are a number of ways that agricultural workers can be paid, such as weekly or salaried. Where an individual’s working hours vary throughout the year (for example, if there is a surge in working hours during the spring when lambing is being carried out, but less time worked during the winter when there is less work available) then payment must be made via a stable income arrangement, which allows for equal payments to be made to the worker every month. There are very specific rules about how a stable income arrangement should be drawn up.

Working time regulations

As with ordinary employees, agricultural workers’ working hours are not permitted to exceed 48 hours per week, over a period of 17 weeks, except where the individual has “opted out”. They are also entitled to weekly and daily rest breaks.

Holidays

The number of holidays that an agricultural worker is entitled to depends on the number of days worked per week. Where the number of days worked varies, holiday entitlement should be calculated over a 12-week period. Agricultural workers are also entitled to two additional “special holidays” – Christmas Day and New Year’s Day. If an agricultural worker is required to work on either of these days, they must be paid three times the minimum hourly rate.

Additional entitlements

Agricultural workers are additionally entitled to:

A dog allowance each week for each dog required to do their job, up to a limit of 4 dogs
Weather protective clothing required to carry out their role
Right to time off to attend health and safety training for up to 2 days per year
Agricultural sick pay (provided they have been continuously employed for 52 weeks)

Seasonal Worker Scheme and right-to-work checks

Because the UK Government has guaranteed a five-year extension of the Seasonal Worker visa route, certain businesses will be able to continue to employ workers from overseas. However, this route is only open to horticulture or poultry workers, and they must be recruited through an operator that is licenced by the Home Office. These operators act only as the visa sponsor: employment rights and compliance should be managed by the employer. If you fail to conduct compliant right-to-work checks and any illegal working is uncovered, the fault will lie firmly with you as the employer.

Seasonal agricultural workers can be a lifeline for rural businesses, so readying your documentation including policies and handbooks can save you valuable time and stress. If anything is called into question, your business will be in a stronger and more protected position if you have good record-keeping practices and clear timesheets in place. The summer is a particularly busy time when, understandably, time and energy is spent in the fields rather than at your desk, so the spring is the best opportunity to get everything in order.

Our specialist employment and immigration teams can provide expert guidance to make sure you feel confident and prepared for the year ahead.

Please take legal advice if you are unsure of your obligations.

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