Agricultural workers' rights
3. Pay and overtime
Agricultural workers in England must be paid at least the National Minimum Wage. Workers employed before the rules changed on 1 October 2013 still have the right to the Agricultural Minimum Wage if it says so in their contract.
Agricultural workers in Wales must be paid at least the Agricultural Minimum Wage, or the National Minimum Wage if that’s higher. The Agricultural Minimum Wage depends on the worker’s job grade and category.
Agricultural Minimum Wage
Grades 1 to 6
If a worker’s contract says they should work 39 hours a week (not including overtime) they must be paid the weekly rate, otherwise they must be paid the hourly rate.
|Grade of worker||Weekly pay||Hourly pay||Hourly overtime|
|Grade 1 (compulsory school age)||n/a||£3.11||£4.67|
|Grade 1 (above compulsory school age)||£242.19||£6.21||£9.32|
Full-time and part-time flexible workers
Flexible workers must be paid at least the weekly rate if they are full-time, or at least the hourly rate if they are part-time.
|Grade of worker||Days per week||Hourly pay||Weekly pay||Hourly overtime|
|Grade 1||4 to 5||£6.52||£254.28||£9.32|
|Grade 2||4 to 5||£7.31||£285.09||£10.44|
|Grade 3||4 to 5||£8.04||£313.56||£11.49|
|Grade 4||4 to 5||£8.62||£336.18||£12.32|
|Grade 5||4 to 5||£9.14||£356.46||£13.05|
|Grade 6||4 to 5||£9.87||£384.93||£14.10|
For years 3 and above, apprentices must receive at least the rate for Grade 2 workers.
|Year||Age||Weekly pay||Hourly pay||Hourly overtime|
|2||16 to 17||£145.08||£3.72||£5.52|
|2||18 to 20||£196.17||£5.03||£7.47|
A trainee doesn’t have to be paid for:
- the hours they’re being trained
They should be paid for any work done as part of a separate contract.
If an employed worker is on a training course, they should be paid at least their normal wage - including for the time spent travelling to and from the training.
Overtime must be paid if a person works:
- more than 39 basic hours in a week
- more than 8 hours in a day
- any hours over the normal working hours in the employment contract
- on a public or bank holiday
- on a Sunday - if the contract started before 1 October 2006
Even if they are paid for completing a task, eg for each box of fruit packed, a worker must be paid the Agricultural Minimum Wage according to the hours they work.
A worker who works at any time between 7pm and 6am must be paid £1.36 per hour more than their basic pay rate.
If a worker keeps a dog for their job, they must get £7.63 a week for each dog.
If a worker gets a house or ‘self-contained accommodation’ as part of their job they can be paid £1.50 less than their normal weekly pay. They may automatically get an agricultural tenancy.
If the accommodation isn’t a house - for example, a caravan - they can be paid £4.82 less each day they stay there.
Accommodation must be safe, warm, secure - and have toilet and washing facilities and fresh drinking water.
The on-call allowance for a worker is 2 hours’ overtime pay for their grade, and is paid if they are not at work but have an arrangement with their employer:
- to be contactable by an agreed method
- to be able to reach their workplace within an agreed time
If they are called into work, they must be paid overtime for the hours they work, or for 2 hours - whichever is the higher.
Agricultural workers are entitled to sick pay, meaning they’ll get at least the Agricultural Minimum Wage when they’re off.