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Agricultural work

Agricultural work includes:

• any activity to do with mainstream farming, for example dairy farming, arable farming, or sheep rearing
• the production of 'consumable produce' grown for consumption or other use after it has been harvested, including non-edible crops, eg bulbs, plants and flowers
• using land as grazing, meadow, pasture, orchard, osier (willow), woodland or for market gardens or nursery grounds

The activities listed do not include everything. If you think you might work in agriculture, you can contact the Pay and Work Rights Helpline for more help and information.

• Pay and Work Rights Helpline

Agricultural worker grade

The minimum wage for an agricultural worker depends on your grade. Agricultural workers fall within grades one to six and deciding which grade applies to you depends on your duties, responsibilities and/or qualifications.

There are separate conditions for trainees and apprentices. There are transitional arrangements to protect flexible workers with agreements entered into before 30 September 2009.

• Agricultural worker categories and grades

Your employment contract

Agricultural workers' rights are set out in the Agricultural Wage Order. Your employment contract can't give you less favourable employment terms than the rights set out in the Order.

You are entitled to receive the Agricultural Minimum Wage if you either:

• fall within grades one to six
• are a flexible worker with an agreement entered into before 30 September 2023
• are an apprentice

You could also be entitled to receive the following (as long as you qualify):

• overtime pay
• paid holiday - currently 38 days leave if you work more than six days a week
• a 30 minute rest break if you work five and a half hours or more - workers under 18 are entitled to 30 minutes for every four and a half hours of work
• Agricultural Sick Pay
• on-call allowance
• bad weather pay
• pay for other leave, for example, bereavement leave
• night work pay
• birth and adoption grants
• dog allowance
  

• Agricultural Minimum Wage and pay

• Agricultural Sick Pay

• Agricultural workers' holiday leave

Trainees

If you are a trainee, you are not entitled to:

• be paid for the hours covered by your training contract
• holidays
• other leave with pay

Your employer or training provider may contract you to carry out additional work on top of the hours covered by your training contract. If you do the additional work, you must be paid at the overtime rate for your grade.

Rest breaks

All agricultural workers aged 18 and over are entitled to a rest break when they work more than five-and-a-half hours per day.

The break should be 30 minutes long, uninterrupted and spent away from your immediate place of work. The break must not be taken at the beginning or the end of the working day. Rest breaks are unpaid.

When trying to calculate your entitlement to rest breaks, working time is:

• time when you are carrying out duties on behalf of your employer
• time when you are receiving training
• any other period that is agreed to be treated as working time between you and your employer

• Rest breaks

Rights during training

You should be paid at least your normal wage during any approved training courses (eg training courses for entry to the next grade). This applies during the training and for any extra time travelling to and from training.

Your employer should also pay any fees for the course and any expenses, for example travel, board and lodging.

If you are grade one and have worked continuously for your employer for 30 weeks, you may want to train for entry to grade two. During the training, your employer must pay:

• for the cost of training
• your normal wage
• any necessary expenses

Rights working for a gangmaster

You might work for an agency that may be classed as a 'gangmaster' if you want to do casual or temporary work in any of the following areas:

• forestry
• horticulture
• shellfish gathering
• food and drink processing and packaging
  

In order for a gangmaster to operate legally they may need to hold a licence issued by the Gangmasters Licensing Authority (GLA). This helps to ensure that you are not exploited and get the pay and benefits you are entitled to.

You can check if a gangmaster holds a licence by going to the register on the GLA website.

• Gangmaster licence register Opens new window

There are, however, certain circumstances under which gangmasters do not need a licence. For details on these exemptions visit the Department for Environment, Food and Rural Affairs (Defra) website or contact the Pay and Work Rights Helpline.

• Gangmaster - exclusions from licensing Opens new window

Where to get help

If you need further advice on your rights as an agricultural worker contact the Pay and Work Rights Helpline, or complete their online enquiry form.

• Pay and Work Rights Helpline