Agriculture Sector – Useful Employment Law & HR
information
NatWest
Mentor can help your
agricultural business with its Employment Law compliance and HR
needs. Agricultural work covers a wide range of activities,
including traditional farms, horticulture and even some garden
centre employment.
Employment status can be a tricky issue
The boundaries between employees, subcontractors and labour
supplied by agencies or gangmasters are complex and not always
clear-cut. Getting a worker’s employment status wrong can be
costly, as employees have additional rights compared to other types
of worker, including the right to claim unfair dismissal.
You should:
- Be clear about who your employees are
- Ensure you issue appropriate contracts of employment to all
employees
- Ensure you understand the rights of other workers to
entitlements such as paid holiday.
NatWest
Mentor can provide:
- Appropriate terms and conditions of employment and contract
documentation
- An Employee Handbook containing procedures appropriate to your
business
- 24/7 telephone advice and support on matters such as employment
status and workers’ rights
Ensuring workers have the right to work in the UK is
important
With a traditionally peripatetic workforce, agricultural
employers are used to workers moving around. When it comes to
recruiting new workers however, employers now face fines of up to
£10,000 if they don’t check employees have the legal right to work
in the UK.
You should:
- Adopt a strict procedure for pre-employment right to work and
identity checks
- Keep good records.
NatWest
Mentor can provide:
- Advice and guidance on recruitment and pre-employment vetting
and verification.
Agricultural workers have their own system of
wages and holiday rules
Agricultural workers have special legal protection, set out in
the Agricultural Wages Order each year, which includes a system of
minimum wage protection, rules on working time and holidays, and a
sick pay scheme. A separate, similar, scheme applies in
Scotland.
The Department for Environment, food and Rural Affairs is
responsible for enforcement of agricultural wages matters, and can
prosecute in cases of wilful non-compliance. In addition, workers
can claim arrears of any underpayment for up to six years.
You should:
- Ensure you pay workers in accordance with the most recent
Agricultural Wages Order, or the National Minimum Wage if this is
higher
- Maintain good pay records so that you can demonstrate your
compliance. These should include details of hours worked,
deductions and absences
- Co-operate with Agricultural Wages inspectors when
required.
NatWest
Mentor can provide:
- 24 / 7 telephone advice to help you deal with things such as
Agricultural Wages issues.