Farming is the backbone of British life, with around 70% of the UK's land used for agriculture in 2023. With such a massive footprint, it's no surprise that the industry faces unique employment challenges. From seasonal hiring to navigating contracts and holiday pay, there's a lot to keep track of.
George Cokkinos, Trainee Solicitor in Rothera Bray's Employment Law team breaks down the three key things every agricultural employer should know about worker status, contracts of employment and holiday pay.
Worker status: who's who on the farm?
Before you hire anyone, it's crucial to know how they're classified under UK employment law. Why? Because their rights and your responsibilities depend on it.
Here's a quick breakdown:
Employee: Full rights: unfair dismissal protection, redundancy pay, sick pay etc.
Worker: Basic rights: minimum wage, paid holiday, rest breaks
Self-employed: Limited rights: mainly health & safety protections
Many seasonal or casual workers qualify as "workers" even if they're only around for a few weeks. Misclassifying them as self-employed to cut corners can lead to legal trouble and reputational damage.
Contracts: yes, even for short-term roles
Whether someone's working for a day or a year, if they're an employee or worker, they should receive a written statement of employment particulars on or before their first day.
Here's what that should include:
- job title and duties
- pay and how often it's paid
- working hours and rest breaks
- holiday entitlement
- sick pay
- notice periods
Even if you're not legally required to provide a full written contract for employees, it's best practice, especially in agriculture, where disputes can arise over informal arrangements.
Holiday pay: no exceptions for seasonality
Here's a myth we hear all the time: "If someone's only working for a few weeks, they don't get holiday pay."
Wrong.
All workers and employees are entitled to 5.6 weeks of paid holiday per year, pro-rated for short-term or part-time roles. That means even your strawberry pickers or lambing assistants qualify.
Keep accurate records of hours worked and use government guidelines to calculate holiday pay correctly. Failing to do so could lead to claims for unlawful deductions.
Running a farm is hard work. Managing employment law on top of that? Even harder. But getting it right, especially when it comes to worker status, contracts, and holiday pay, can save you time, money, and stress.
Plus, treating your workers fairly helps with recruitment, retention, and your farm's reputation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
