Employment Status and Seasonal Agricultural Work - Considerations For Employers

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Kurt Reilly - Solicitor

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Agriculture Tips for Avoiding Discrimination in an Employment Setting

In recent years, working models have become increasingly varied, with organisations routinely departing from traditional employee/employer arrangements.

This is particularly the case for the agricultural sector, which, given the varying and sometimes specialised nature of the work, has historically relied upon seasonal workers or self-employed contractors.

In the face of increasing demand from staff for more flexibility and control over their work, many businesses in the sector are opting to engage staff in various ways.

Our Agriculture and Employment lawyers explore the different options available to employers and examine how employment status can significantly impact the agriculture sector.

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What are the different types of employment status?

The employment law rights and protections an individual is entitled to depend on their employment status. 'Employment status' refers to the legal status of an individual at work.

There are three principal types: employee, worker and self-employed.

All three carry different rights and entitlements, and each has its advantages and disadvantages, dependent on the nature of the work being undertaken.

In the agricultural sector, there are also specific rules, including for trainees, apprentices, nighttime workers and those who use a dog as part of their role.

Each variation of worker is eligible for employment rights based on their status.

It is also important to remember that the rights of agricultural workers vary across the UK.

Specific terms and conditions will depend on regional legislation.

Employees are afforded the most legal protection, often being guaranteed a minimum number of working hours and enjoy numerous employment rights and protections (ranging from protection from unfair dismissal to rights to paid holidays, agricultural sick pay (in some cases) and other forms of leave).

Workers have fewer rights than employees but will still be entitled to the National Minimum Wage (including the Agricultural Minimum Wage in Wales), paid holidays, protection for whistleblowing and protection against discrimination, amongst other things.

Self-employed arrangements can offer greater flexibility to businesses, where roles are often performed and paid on an ad-hoc basis, but offer very little protection to the individual.

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Control or flexibility?

A common consideration for agricultural businesses before engaging an individual (on any basis) ought to be whether control or flexibility is the most important factor in the working relationship.

This will likely depend on the nature of the work, the business context, and the individual in any given situation.   

If engaging an individual as an employee, a business may benefit from ensuring consistency across its workforce, greater control and extended supervision opportunities.

It is also helpful to include clauses within the employee's contract of employment to protect the business's legitimate interests, such as exclusive work.

There may be situations in which both control and flexibility are key considerations; in such cases, engaging individuals as workers may represent the best option for employers.

This may be the case in seasonal work.

Where the need for control may be less important, such as when an individual is simply required for a defined function or limited period, as is often the case for specialised work, a self-employed engagement may be preferable.

In such circumstances, an organisation has no continuing obligation to provide work or pay the individual once the agreed work is complete, ensuring flexibility in the working relationship.

It will still be worthwhile to seek to protect business interests, however, though the extent to which this is possible will be more limited than for employees.

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What Rights Do Agricultural Workers Have

The consequence of mislabelling self-employed individuals

The price of "mislabelling" an individual as self-employed in their contract but actually treating them as a worker or employee in practice can be steep.

Not only could the individual be owed backdated holiday pay and accrue increased rights and protections, but there could also be liability for unpaid tax and National Insurance contributions or for not paying the national minimum wage under separate financial laws.

Employers are encouraged to review their relationships with self-employed workers and seek advice where there is any uncertainty around their status.

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Agricultural estates

Single Worker status - Government Proposals

In May 2024, Labour detailed its plans to "make work pay" by delivering a "new deal" for working people within the first 100 days of government­.

The New Deal included a proposal to move to a single-worker status, with the only distinction being between workers and the self-employed.

The government has acknowledged that such changes are unlikely to happen quickly and has only committed to consulting on this within the next year.

Myerson's future updates on such changes will be published in due course.

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Agricultural ties

Contact Our Agricultural Lawyers

Understanding and correctly classifying employment status is crucial to safeguarding your business against legal, financial, and reputational risks, particularly in the ever-evolving agricultural sector.

Our Employment and Agricultural Law specialists are ready to guide you through the complexities of seasonal work arrangements and help you structure your workforce to balance flexibility with compliance.

Contact our expert Employment Law team today:

0161 941 4000

Kurt Reilly's profile picture

Kurt Reilly

Solicitor

Kurt has over 2 years of experience acting as an Employment solicitor. Kurt has specialist expertise in disciplinary, grievances, disability processes, employee consultations, redundancies, and TUPE.

About Kurt Reilly