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The duties, responsibilities and/or qualifications that you have determine which category of agricultural worker you are.

Full-time and part-time flexible workers

The full and part-time flexible worker categories have been changed. If you are making a flexible working agreement on or after 1 October 2023 you will not be classed as a flexible worker. Instead, you should look at the rights and entitlements available to your grade.

If you have a flexible working agreement from 30 September 2023 or before, there are transitional arrangements that still apply to you.

You are a flexible worker if you have:

• a written flexible working agreement to follow a pattern of flexible working that started before 30 September 2023 and lasts for at least one year
• requested trade union representation in any discussions about your flexible working agreement if needed

You would be a full-time flexible worker if you work:

• a 39 basic hour week (which can be averaged over two or three weeks and spread across four to six days)
• set working hours and working days, which can’t be changed without agreement between you and your employer
• a maximum of ten basic working hours a day
• on a Sunday when needed, but when you do this, you are allowed another day off during the week

You would be a part-time flexible worker if you work:

• less than 39 basic hours a week
• set working hours and working days, which can’t be changed without agreement between you and your employer
• your basic hours over six days a week
• a minimum of eight and a maximum of ten basic working hours a day
• on a Sunday without being paid overtime

Apprentice

If you are employed as an apprentice or advanced apprentice, you fall into the apprentice category.

• Apprenticeships (education and learning section)

Trainee

You are a trainee if you are:

• on work experience as part of an agricultural training scheme approved by the Secretary of State for Business, Innovation and Skills (BIS)
• undertaking work experience in agriculture as part of the Diploma in Environmental and Land-Based Studies for 14 to 19-year-olds
• taking part in the second phase of the European Leonardo da Vinci Programme and working in agriculture

Agricultural grades

Where entry into one of the grades depends on holding a qualification you will need to tell your employer that you have the appropriate qualification. You must show the qualification to your employer if they ask in writing for confirmation that you have it.

Entry into the grade applies from the date you tell your employer. It cannot be back-dated to the date you received your qualification.

Grade one - initial grade

If you do not qualify for the other grades, then you will be a grade one initial worker. Often these workers are involved in harvesting or packing.

Generally, grade one workers are supervised. Once the same employer has continuously employed you for 30 weeks, you have the right to train to become a grade two worker. This training should be at your employer’s expense.

• Agricultural workers' rights

• Continuous employment

Grade two - standard worker

You are a grade two standard worker if you hold one of the following:

• a vocational qualification of at least NVQ at level two
• one certificate of competence for the agricultural sector you work in

You are also a grade two worker if one or more of the following applies, you:

• work mainly unsupervised
• work with animals
• use powered machinery
• drive an agricultural tractor

Grade three - lead worker

To be a grade three lead worker you should have worked in agriculture for at least two of the past five years. You should also have either:

• a National Certificate in agriculture or horticulture
• four certificates of competence or non-accredited competencies in any combination, including any mandatory certificates for the agricultural sector you work in

For example, you have worked in the sheep, dairy, pig or beef sector for the past three years and want to be a grade three worker. You must hold a Basic Stockmanship and Welfare Certificate of Competence as part of the four certificates needed.

Alternatively, you would be a grade three worker if:

• you work as part of a team and lead that team, monitoring that workers follow management instructions but not disciplining team members
• your employer views you as a grade three team leader and you have completed a one month maximum trial period

Once you become a grade three leader, your employer should give you a signed certificate of achievement for two deemed (achieved) competencies.

Grade four - craft grade

You are a grade four craft grade, if you have either:

• an NVQ level three vocational qualification
• eight certificates of competence, including the mandatory competencies, for the agricultural sector you work in

You should also have either:

• worked in agriculture for at least two of the past five years
• been continuously employed by the same employer for 12 months since getting the grade four qualification

There are a number of other valid qualifications for the craft grade. For more information contact the Pay and Work Rights Helpline.

Grade five - supervisory grade

You are a grade five supervisory worker if you are responsible for either:

• supervising work on a farm on a daily basis and putting into action management decisions, including disciplining staff
• instructing, supervising and disciplining staff

Grade six - farm management grade

You are a grade six farm management worker if you have either:

• management responsibility for an entire farm or part of it if it is run as a separate business
• responsibility for employing, disciplining and dismissing staff
• responsibility for making recommendations to your employer for dismissing staff you manage

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 general enquiry form Opens new window

• Pay and Work Rights complaint form Opens new window

• Pay and Work Rights Helpline contact details