Loading...
- What are Agricultural Workers’ Rights?
What are Agricultural Workers’ Rights?
- Employment Law
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Jump to section:
Whether you’re dealing with new seasonal packers or tenant staff, agricultural workers are eligible for a whole range of employment rights.
Fair wages, sick leave, breaks, set working hours… When farm employers concentrate on implementing proper working conditions, they're able to provide a healthy and supportive environment for their staff.
However, employment law can be specific when it comes to working in agriculture. Farmers must ensure their business establishes all agricultural workers’ rights. Any form of negligence could result in facing tribunal claims, paying penalties, and causing reputational damage. For further advice, contact one of our expert HR advisors free of charge today.
In this guide, we’ll look at what agricultural workers’ rights are, who qualifies for them, and how to ensure your farming staff receive every legal right they’re entitled to.
What are agricultural workers’ rights?
Agricultural workers’ rights are specific employment rights available to those who work in farming jobs.
Laws like the Employment Rights Bill 2024 and Agricultural Minimum Wage 2024 have shaken up the farming industry. Farm employers and their HR teams must ensure their policies, practices, and procedures are in line with current employment laws.
It’s not just about ensuring your business is compliant. It’s about providing farming staff with access to all statutory rights during work. Before 1 October 2013, agricultural workers in Wales and England are entitled to:
- Holiday pay.
- Rest breaks.
- Paid night work.
- Minimum rates of pay (which may be higher than National Minimum Wage).
- Agricultural Sick Pay.
- Pay even if bad weather stops work.
- On-call allowance.
From 1 October 2013, workers must receive at least the National Minimum Wage and other statutory minimum terms of employment.
Are agricultural workers’ rights the same across the UK?
No, agricultural workers’ rights aren’t the same across the UK. Specific terms and conditions will depend on regional legislation. These include:
England: The Agricultural Wages (England and Wales) Order 2012.
Wales: The Agricultural Wages (Wales) Order 2024.
Scotland: The Agricultural Wages (Scotland) Act 1949.
Northern Ireland: The Agricultural Wages (Regulation) (Northern Ireland) Order 1977.
How do agricultural workers qualify for employment rights?
From tenancy rights to dog allowances, agricultural workers can qualify for certain types of employment rights – if they have the right category and grade.
Categories relate to employment status; for example, they could be a trainee, apprentice, or part-time worker. Each variation of worker is eligible for employment rights based on their status.
Within the farming sector, a worker’s grade is heavily based on their skills and responsibilities. Again, agricultural workers are eligible for employment rights based on their grade. Let’s take a look at each level in more detail:
Grade 1 – initial grade
A grade 1 worker is usually supervised and performs simple farming tasks, like harvesting or packing. They have a legal right to receive Grade 2 training if they’ve continuously worked for the same employer for 30 weeks.
Grade 2 – standard worker
A grade 2 worker should have one of the following:
- Vocational qualification of at least NVQ Level 2.
- Certificate of competence for the farming sector they work in.
They can work with animals, powered machinery, can drive a tractor – all mainly unsupervised.
Grade 3 – lead worker
A grade 3 worker should have one of the following:
- National Certificate in agriculture or horticulture.
- 4 certificates of competence or non-accredited competencies for the farming sector they work in.
Grade 3 workers should have worked in farming for at least two of the past five years. They can manage teams, but not discipline members. They’re also referred to as a team leader by their employer; and will have completed a one-month (maximum) trial period.
Grade 4 – craft grade
A grade 4 worker should have:
- NVQ Level 3 vocational qualification.
- 8 certificates of competence for the farming sector they work in.
Grade 4 workers should have worked for the same employer for 12 continuous months since receiving their qualification. They should also have worked in farming for at least two of the past five years.
Grade 5 – supervisory grade
A grade 5 worker is responsible for observing work on the farm on a daily basis. They’re also in charge of instruction, supervision, and disciplinary for staff members.
Grade 6 – farm management grade
A grade 6 worker will have management responsibility for the farm (or part of it, if its runs as a separate business). Or they have responsibility for employing, disciplining, and dismissing workers.
What rights do tenancy agricultural workers have?
It’s common for some farming workers to receive on-site accommodation. Tenancy agreements state workers can live on-site to help meet high farming demands. Or they can stay to avoid long commutes to rural farm locations.
If you offer a self-contained home as part of a farming job, workers may have the right to ‘assured agricultural occupancy’. (This doesn’t apply if farmers have given written notice for an assured shorthand tenancy). The assured agricultural occupancy starts when the tenant worker:
- Has worked in farming for 91/104 weeks with any employer (including holidays and sick leave).
- Works 35 hours or more per week.
- Received accommodation owned by the farmer (or arranged by them).
If the worker loses their job or retires, they can stay in the accommodation. Farm employers can ask them to start paying rent (or even increase it). If you want the property back, you may need to go through the judiciary process to retain it.
Get expert advice on agricultural workers’ rights with Peninsula
From agricultural sick pay to on-call allowances, there are all kinds of workers’ rights you need to be aware of. Farmers must ensure their business remains compliant with workers statutory rights, whilst protecting productivity, growth, and success.
Peninsula offers expert advice on agricultural workers’ rights. Our 24/7 HR advice is available 365 days a year. We also offer tailor-made agricultural employment contracts suitable to your business needs.
Want to find out more? Book a free chat with one of our HR consultants. For further information, call 0800 051 3685.
Sources
Agricultural wages order 2012 and guidance | GOV
The Agricultural Wages (Wales) Order 2024 | GOV
Agricultural Wages | Science and Advice for Scottish Agriculture
Agricultural Wages (Regulation) (Northern Ireland) Order 1977 | GOV
- What are Agricultural Workers’ Rights?
FAQs
Got a question? Check whether we’ve already answered it for you…
Book your free HR consultation
Rule out risk and make safer HR decisions by calling Peninsula today. Even if you’re not a client, you can sample free employment law advice from an HR expert