We support businesses with commercially focused legal solutions that drive growth and protect and preserve your assets and reputations.
Whatever your business, we can help you prosper.
We provide legal support to address the major challenges in life and protect your family and finances.
From relationship breakdowns or personal injuries to property or criminal defence, we can help you achieve the best outcome for you and your family.
Coodes Solicitors share top three questions most commonly asked by employers in the agricultural sector.
Agricultural employers have a difficult job of running a labour intensive and highly seasonal business, while striving to comply with employment law, which is becoming steadily more complex. Here are three questions I am frequently asked by employers in the farming sector.
In England the sector no longer has a separate body assessing wage levels, but long-standing agricultural employees can be entitled to a higher than usual rate of pay. In any event the national minimum wage and national living wage are very relevant and steadily rising. Where the workers are family members living in the family home the minimum wage rules may not apply but for all other farm workers they will do.
The nature of agricultural work, particularly farm work, does not lend itself to keeping a careful record of hours worked. However, it is a criminal offence for an employer not to keep adequate records to prove they have paid the minimum wage and it is very difficult to defend any claims alleging an underpayment without those records.
The Working Time Regulations apply to agricultural workers, so employees cannot work more than an average of 48 hours a week without signing an opt out. There are also mandatory rest provisions, including building in eleven clear hours between one shift finishing and the next one starting. In recognition of the seasonal fluctuations caused by the nature of the work these rest provisions can often be temporarily relaxed, but the employer must then provide a period of compensatory rest wherever possible.
In the agricultural sector it is often the case that the worker lives in accommodation provided by their employer, for example a gamekeeper’s cottage. In other employment sectors where accommodation is provided, such as a flat above a pub, the occupancy is generally under a bare licence only and if the employment ends so does any right to reside. However, in the agricultural sector it is possible for a worker to benefit from a protected tenancy which can make it very difficult for an employer to reclaim the property even where employment has been terminated. Therefore it is extremely important for an employer to take legal advice whenever they are considering providing accommodation to a member of their workforce.
For more information on this or any Employment enquiries contact our Employment team on 0800 328 3282 or info@coodes.co.uk
Head of Employment
Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.
As of 6th April 2024, paternity leave will be changing to reflect a shifting attitude…
What steps should you take if you suspect someone is committing financial abuse as a…