Agricultural Workers: Wages, Holidays and Sickness
Posted: Thursday 25 February 2010
The latest Agricultural Wages Order came into force on 1 October 2009 and what follows is a brief overview.
Minimum Wage & Overtime
- A minimum hourly rate of £5.80 must be paid to all workers in the first 26 weeks of employment.
- A minimum hourly rate of £6.32 must be paid to all workers employed for more than 26 weeks by the same employer.
- The additional sum payable to workers with appropriate qualifications has increased to £0.96 per hour.
- The dog allowance has increased to £4.80 per week for each dog up to a maximum of 4 dogs.
- Apprentices in the first 12 months of employment are entitled to £3.50 per hour.
- Overtime at rate of £8.70 per hour must be paid to employees in their first 26 weeks of employment. This applies where a worker works more than 8 hours in any day or 39 hours in any week. This rises to £9.48 per hour for those employed for more than 26 weeks by the same employer.
Accommodation which is provided free of charge by an employer to a worker can count towards the minimum wage and in such a situation the value of this benefit will be £1 per week. This amount can be deducted from a worker’s pay even if this would take their pay below the statutory minimum wage.
It is important to note that the hourly rates apply equally to full-time workers, part-time workers, students, workers on piece work, etc and also no matter what type of work is done. An employer can of course pay more than the minimum rates, but cannot pay less.
Holidays
Agricultural workers are entitled to five weeks’ holiday per year, a week being equivalent to the number of days that an employee would be expected to work in the course of a regular working week. On top of this, workers are entitled to four special holidays - Christmas Day, New Year’s Day, the first Monday in May and the first Monday in October. This right means that Agricultural workers enjoy a slightly greater holiday entitlement than is required under the Working Time Regulations (WTR). The Order has provisions for carrying forward holidays but this is only permissible for the entitlement over and above the rights under the WTR.
Rest Periods
Agricultural workers are entitled to the same rights as other workers regarding rest periods and daily rest breaks although given the nature of their work “exceptional circumstances” may apply which can alter this right. In such circumstances, rights in terms of “compensatory rest” will be applicable.
Absences due to Sickness or Injury
Sick pay is due to agricultural workers who have been continuously employed by the same employer for at least 52 weeks when a worker is prevented from working due to illness or injury. It is not necessary for the illness or injury to have occurred at work. 13 weeks of agricultural wages sick pay is provided for. The rate of pay is the minimum hourly rate to which the worker is entitled multiplied by the number of hours that they would normally work per week.
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