Defra, UK - Farming - Working in farming

Working in farming

Employer advice

If you employ someone to work on your farm there are certain obligations that must be met.

Details of some of these are provided below on the following subjects:

wages and working conditions
labour suppliers/gangmasters
seasonal workers
health and safety
disputes
sources of advice

Wages and working conditions

If you employ staff in an agricultural business, their rates of pay and working conditions are set by the Agricultural Wages Board (AWB).

The AWB is responsible for the Agricultural Wages Order (AWO), which was revised in October 2005. It is enforced by Defra and covers wages, holiday and sick pay entitlements and tied accommodation for agricultural employees.

Full details are available in the Agricultural Wages Order available on our Agricultural Wages pages. If you have a query or would like a free copy of the Agricultural Wages Order telephone the Agricultural Wages helpline on 08450 000 134 or write to the Agricultural Wages Team (AWT) at:

Area 3A
Ergon House
Horseferry Road
London, SW1P 2AL

You should note that any queries about how the provisions of the AWO should be applied are dealt with by the AWT.

Adult pay rates for agricultural work are based upon a six-tier structure. From 1 October 2006 the rates for workers aged 16 and over are:

Grade 1 Basic trainee £5.35 per hour
Grade 2 Standard worker £5.74 per hour
Grade 3 Lead worker £6.31 per hour
Grade 4 Craft worker £6.77 per hour
Grade 5 Supervisory grade £7.18 per hour
Grade 6 Farm management grade £7.75 per hour

These rates apply until a new Order is made.

Labour suppliers/gangmasters

A statutory licensing scheme for labour providers was introduced by the Gangmasters Licensing Authority (GLA) in April 2006. Further details are laid out in the Gangmasters section of the website.

The licensing scheme applies to labour providers operating in agriculture, shellfish gathering and the food processing and packaging sectors. Labour providers must obtain a licence from GLA which is responsible for implementing and enforcing the scheme on behalf of Defra. See the Gangmasters Licensing Authority website for more information or telephone the GLA on 08456 025 020.

The public are able to check whether a labour provider is licensed by checking an on-line register on the GLA website.

The following time scale for the introduction of licensing applies:

GLA process licence applications April to September 2006
labour provider offences introduced October 2006
labour user offences introduced December 2006

The Temporary Labour Working Group (TLWG) supports the improvement of conditions for temporary workers and has produced a ‘Code of Practice for Labour Providers to Agriculture and the Fresh Produce Trade’.

As a general rule the GLA will recognise successful audits against the TLWG Code of Practice as counting towards a licence. Labour providers that have been audited successfully against the Code of Practice will not normally need to be audited again on application. However, the GLA reserves the right to require a further audit depending on:

the age of the previous audit
the completeness of the original audit against the TLWG Code
the nature and degree of any unresolved non-compliances from the original audit

Seasonal Agricultural Workers Scheme (SAWS)

The Seasonal Agricultural Workers Scheme (SAWS) is run by Work Permits (UK) which is part of the Home Office. This scheme allows students from outside the European Economic Area to enter the UK to undertake seasonal work in agriculture for a period not exceeding 6 months.

The Home Office has produced a guide for farmers and growers detailing the conditions that, as an employer, must be met when employing seasonal workers from outside Europe.

Health and safety

The Health and Safety Executive (HSE) has produced an essential booklet – ‘The Farmwise Guide’ (PDF document, 1678KB) – which covers the legal obligations, recommendations for good practice, hints and tips, and safeguards to minimise the risks around the farm. You may also wish to download the HSE’s Self Assessment software to assess your own business.

The HSE recommends that if you are involved in farming, either as an employer, employee or self employed, you should carry an up to date health carry card.

Disputes

Defra’s AWT offers advice to employers on how the provisions of the AWO should be applied. The Team can be contacted via the Agricultural Wages helpline on 08450 000 134 or you can write to the Agricultural Wages Team at:

Area 3A, Ergon House, Horseferry Road, London, SW1P 2AL. If you have a query which does not concern the provisions of the AWO you can obtain more general employment advice from the Advisory, Conciliation and Arbitration Service (ACAS).

ACAS is a publicly-funded organisation dedicated to preventing and resolving employment disputes. A wide range of issues are covered on the website or you can telephone the ACAS helpline on 08457 474 747.

The Department of Trade and Industry also provides information for both employers and employees, for example The Rights to Notice and Reasons for Dismissal covers minimum notice periods, redundancy and cases where a business is transferred to a new owner.

If you are involved in a dispute with an employee, you may qualify for free or subsidised legal advice (legal aid). Community Legal Service Direct (CLSD) has a legal aid calculator to help you find out whether you are eligible.

If you think you qualify for legal aid, you can find out more at the CLSD website or by telephoning the CLSD helpline on 08453 454 345.

The CLSD can send you free information leaflets and provide contact details for your nearest appropriate legal adviser.

Further sources of advice

A number of membership organisations specialising in agriculture and the countryside provide advice to their fee-paying members on issues including staff employment:

The National Farmers Union (NFU) has a legal assistance scheme for paid-up members available on a discretionary basis.

The CLA (Country Land and Business Association) offers members free specialist guidance on employment law.

Non-specialist advice

The Government’s Business Link organisation has offices around the country and provides free advice for employers.

To find your nearest office, enter your postcode on the Business Link homepage or telephone Business Link on 08456 009 006.

The Department of Trade and Industry (DTI) website also provides information for employers including staff hours of work, pay entitlements, holidays and redundancies or you can telephone the DTI enquiry line 02072 155 000.

The Citizens’ Advice Bureau (CAB) has a special section of its website on employment standards. Alternatively use the office locator tool to find contact details of your local CAB office.