Agricultural workers' rights

Overview

Agricultural workers in Wales, and those employed in England before 1 October 2013, are normally entitled to:

• minimum rates of pay which may be higher than the National Minimum Wage
• paid holiday
• Agricultural Sick Pay
• pay even if bad weather stops work
• night work pay
• on-call allowance
• 30-minute rest breaks, if they are 18 or over and work more than 5.5 hours a day

There are also different rules for agricultural workers’ rights in Scotland and Northern Ireland.

Terms and conditions

England

Agricultural workers in England employed before 1 October 2013 still have the terms and conditions set out in the Agricultural Wages(England and Wales) Order 2012.

Wales

Before starting work, employers must give agricultural workers in Wales an Agricultural Wage Order. This sets out many of the terms and conditions of employment. But, employers must still give agricultural workers a written statement of employment particulars.

This sets out many of the terms and conditions of employment. However, agricultural workers must still be given a written statement of employment particulars by their employer.

Trainees

Trainees have different rights, eg they don’t get paid holidays.

Help and advice

If you were employed in England before 1 October 2013, you can contact the Acas helpline or use the Acas Helpline Online to get further advice.

You can also make a complaint to the Rural Payments agency.

For queries about wages and rights in Wales after 1 October 2013 contact the Sustainable Land Management Branch.

What counts as an agricultural worker

An agricultural worker is someone who works in:

• farming and rearing animals
• growing produce including non-edible crops like bulbs, plants and flowers
• forestry, market gardens and nurseries
• maintaining meadow or pasture land, woodlands and reed beds

This list doesn’t include everything. If you’re not sure if a job counts as work in agriculture, call the Acas helpline.

Pay and overtime

Agricultural workers in England must be paid at least the National Minimum Wage. Workers employed before the rules changed on 1 October 2013 still have the right to the Agricultural Minimum Wage if it says so in their contract.

Agricultural workers in Wales must be paid at least the Agricultural Minimum Wage, or the National Minimum Wage if that’s higher. The Agricultural Minimum Wage depends on the worker’s job grade and category.

Agricultural Minimum Wage

Grades 1 to 6

If a worker’s contract says they should work 39 hours a week (not including overtime) they must be paid the weekly rate, otherwise they must be paid the hourly rate.

Grade of worker	Weekly pay	Hourly pay	Hourly overtime
Grade 1 (compulsory school age)	n/a	£3.11	£4.67
Grade 1 (above compulsory school age)	£242.19	£6.21	£9.32
Grade 2	£271.44	£6.96	£10.44
Grade 3	£298.74	£7.66	£11.49
Grade 4	£320.19	£8.21	£12.32
Grade 5	£339.30	£8.70	£13.05
Grade 6	£366.60	£9.40	£14.10

Full-time and part-time flexible workers

Flexible workers must be paid at least the weekly rate if they are full-time, or at least the hourly rate if they are part-time.

Grade of worker	Days per week	Hourly pay	Weekly pay	Hourly overtime
Grade 1	4 to 5	£6.52	£254.28	£9.32
	6	£6.64	£258.96	£9.32
Grade 2	4 to 5	£7.31	£285.09	£10.44
	6	£7.45	£290.55	£10.44
Grade 3	4 to 5	£8.04	£313.56	£11.49
	6	£8.20	£319.80	£11.49
Grade 4	4 to 5	£8.62	£336.18	£12.32
	6	£8.78	£342.42	£12.32
Grade 5	4 to 5	£9.14	£356.46	£13.05
	6	£9.31	£363.09	£13.05
Grade 6	4 to 5	£9.87	£384.93	£14.10
	6	£10.06	£392.34	£14.10

Apprentices

For years 3 and above, apprentices must receive at least the rate for Grade 2 workers.

Year	Age	Weekly pay	Hourly pay	Hourly overtime
1	Any	£139.23	£3.57	£5.36
2	16 to 17	£145.08	£3.72	£5.52
2	18 to 20	£196.17	£5.03	£7.47
2	21+	£246.09	£6.31	£9.29

Trainees

A trainee doesn’t have to be paid for:

• the hours they’re being trained
• holidays

They should be paid for any work done as part of a separate contract.

Training courses

If an employed worker is on a training course, they should be paid at least their normal wage - including for the time spent travelling to and from the training.

Overtime

Overtime must be paid if a person works:

• more than 39 basic hours in a week
• more than 8 hours in a day
• any hours over the normal working hours in the employment contract
• on a public or bank holiday
• on a Sunday - if the contract started before 1 October 2006

Piece work

Even if they are paid for completing a task, eg for each box of fruit packed, a worker must be paid the Agricultural Minimum Wage according to the hours they work.

Night work

A worker who works at any time between 7pm and 6am must be paid £1.36 per hour more than their basic pay rate.

Dog allowance

If a worker keeps a dog for their job, they must get £7.63 a week for each dog.

Tied accommodation

If a worker gets a house or ‘self-contained accommodation’ as part of their job they can be paid £1.50 less than their normal weekly pay. They may automatically get an agricultural tenancy.

If the accommodation isn’t a house - for example, a caravan - they can be paid £4.82 less each day they stay there.

On-call allowance

The on-call allowance for a worker is 2 hours’ overtime pay for their grade, and is paid if they are not at work but have an arrangement with their employer:

• to be contactable by an agreed method
• to be able to reach their workplace within an agreed time

If they are called into work, they must be paid overtime for the hours they work, or for 2 hours - whichever is the higher.

Sick pay

Agricultural workers are entitled to sick pay, meaning they’ll get at least the Agricultural Minimum Wage when they’re off.

Grades and categories

The minimum wage and other rights and entitlements for agricultural workers depends on their grade and category.

Grades

An agricultural worker’s grade is based on their skills and responsibilities.

Grade 1 - initial grade

A grade 1 worker is usually supervised and works on simple tasks like harvesting or packing.

They have the right to be trained to become a grade 2 worker once they’ve worked for the same employer continuously for 30 weeks.

Grade 2 - standard worker

Someone is a grade 2 worker if they have one of the following:

• a vocational qualification of at least NVQ at level 2
• a certificate of competence for the agricultural sector they work in

Someone is also a grade 2 worker if they:

• work mainly unsupervised
• work with animals
• use powered machinery
• drive a tractor

Grade 3 - lead worker

If someone has worked in agriculture for at least 2 of the past 5 years, they’re a grade 3 worker if they have either:

• a National Certificate in agriculture or horticulture
• 4 certificates of competence or non-accredited competencies, for the agricultural sector they work in

Someone is also a grade 3 worker if

• they manage a team - but not discipline team members
• their employer views them as a grade 3 team leader and they’ve completed a one month (maximum) trial period

Grade 4 - craft grade

Someone is a grade 4 worker if they have:

• an NVQ level 3 vocational qualification
• 8 certificates of competence for the agricultural sector they work in

They should also have:

• worked for the same employer continuously for 12 months since getting this qualification
• worked in agriculture for at least 2 of the past 5 years

There are other qualifications for grade 4 - you can get more help and advice.

Grade 5 - supervisory grade

A grade 5 worker is responsible for either:

• supervising work on a farm on a daily basis
• instructing, supervising and disciplining staff

Grade 6 - farm management grade

A grade 6 worker has either:

• management responsibility for a farm - or part of a farm if it’s run as a separate business
• responsibility for employing, disciplining and dismissing staff

Categories

An agricultural worker’s category depends on their duties, responsibilities and/or qualifications.

Flexible workers

Flexible workers must have a written ‘flexible working agreement’.

A full-time flexible worker works:

• a 39 basic hour week - the hours can vary over different days
• set working hours and working days, which can’t be changed unless agreed with the employer
• on a Sunday when needed

A part-time flexible worker works:

• less than 39 basic hours a week - the hours can vary over different days
• set working hours and working days, which can’t be changed unless agreed with the employer

Trainee

A trainee is someone who is:

• on work experience as part of a Business, Innovation and Skills-approved training scheme
• on work experience in agriculture as part of the Diploma in Environmental and Land-Based Studies for 14 to 19-year-olds
• taking part in the second phase of the European Leonardo da Vinci Programme

Apprentice

Rights for apprentices are different.

Agricultural tenancies

If an agricultural worker gets a self-contained home as part of their job they may automatically have an ‘assured agricultural occupancy’. This won’t happen if they had a written notice at the start of the tenancy saying that it was an assured shorthold tenancy instead.

How it starts

An assured agricultural occupancy starts when the worker has been employed in agriculture (by any employer) for 91 weeks of the last 104, including paid holiday and sick leave, and:

• the tenant works 35 hours or more a week
• the accommodation is owned by the farmer, or arranged by them

Who can get one

The tenant must be a serving farm worker or a:

• farm manager or family worker
• retired farm worker
• farm worker forced to give up work
• former farm worker who has taken other employment
• deceased farm worker’s widow, widower or family member of a worker and were living with the worker when they died

They have to have been working for the farmer who provides or arranges the accommodation.

You can get more detailed information on who can get an assured agricultural occupancy in ‘agricultural lettings’.

Rent increases

The rent can go up at any time if the worker agrees - if they don’t, then it can only go up yearly, unless a different interval is stated in the tenancy agreement. The farmer must tell the worker in writing before putting the rent up.

The employment ends

If the worker loses their job or retires, they can stay in the accommodation. The farmer can ask them to start paying rent - or a higher rent than before. If the farmer and worker can’t agree on a rent, they can go to a rent assessment committee.

If the farmer wants the property back, they can apply to the courts, although they may have to provide the tenant with suitable alternative accommodation. If nothing suitable is available, the tenant may be entitled to re-housing by the council.

The farmer wants to end the tenancy

The farmer may want the property back for a new worker, or to end the tenancy because the worker is:

• not paying the rent
• breaking terms of the tenancy agreement
• damaging the property or its contents
• being a nuisance to neighbours

If the worker doesn’t leave willingly, the farmer will have to go to court, and the court will decide whether the worker has to go. If the worker is still a serving farm worker, the farmer may have to provide alternative accommodation.

If a tenant dies

The tenancy will automatically pass to their husband or wife. If they didn’t have a husband or wife, it can pass to another family member if they lived there for the 2 years before the worker’s death.

Gangmasters

An individual or business that provides workers for agricultural work is called a ‘gangmaster’.

Gangmasters must be licensed if they provide workers for:

• agriculture
• horticulture
• dairy farming
• food and drink processing or packaging
• forestry
• gathering shellfish (anybody who uses supplied workers to gather shellfish also needs to be licensed)

There are some jobs in these industries that don’t need a gangmaster licence.

You can check if a gangmaster is licensed.

Changes to employment terms and conditions

From 1 October 2013, the terms and conditions changed for agricultural and horticultural workers in England who begin new jobs. This includes workers supplied by a gangmaster.

Employment started on or after 1 October 2013

Workers must receive at least:

• the National Minimum Wage
• other statutory minimum terms of employment

Employment started before 1 October 2013

Workers, including those supplied by a gangmaster, are still entitled to the terms and conditions of their contract.

For example, this might mean workers are entitled to overtime rates, agricultural sick pay and dog allowance. Where accommodation is provided in a contract, workers can continue living in that accommodation.

These entitlements and any other terms and conditions already agreed will continue to apply unless the contract is changed by mutual agreement or it finishes.

Enforcement of workers’ rights

Workers should contact the Acas helpline if they’re concerned that they’re not working under the right terms and conditions.

Wales

There is no change in terms and conditions for workers in Wales after 1 October 2013.

Workers should contact the Sustainable Land Management Branch if they’re concerned they’re not working under the correct terms and conditions.

Order a booklet

Contact the Rural Payments Agency to order a booklet with more detailed information about the changes for agricultural workers in England and Wales.