Agricultural Workers


The Agricultural Wages Board for England and Wales (AWB), which brought together employers and unions to set wages and conditions for around 150,000 agricultural workers, was abolished on 1 October 2013 by the Enterprise and Regulatory Reform Act 2013 (ERRA). General union Unite is challenging its abolition in the European Court of Human Rights. Unite argues that the abolition breaches Article 11 of the European Convention on Human Rights (the right to freedom of association) because it takes away the only effective mechanism for collective bargaining, which is an essential element of the right to free association (Demir and Baykara v Turkey [2009] IRLR 766) (see Chapter 5). 


Instead of having their wages set by a national pay board, agricultural workers in England are now covered by the NMW regulations. NMW rates are lower than the agricultural worker rates previously set by the AWB. 


The Scottish Agricultural Wages Board (SAWB) continues to function, meeting twice a year to decide the minimum gross wages of Scottish agricultural workers and setting conditions for holiday and sick pay entitlement. In December 2015, the Scottish government confirmed that the board will be retained, following a review that showed that abolishing it would drive down wages. 


The Northern Ireland board continues unaffected, despite the abolition of the AWB. 


In Wales, the Agricultural Wages (Wales) Order 2016 came into effect on 26 February 2016, specifying minimum pay rates and other employment conditions for agricultural workers in Wales. The Order is an interim measure, to remain in force until a new Agricultural Wages Order is made based on recommendations by the Welsh Agricultural Advisory Panel. A Supreme Court challenge by the Westminster government arguing that the Welsh Assembly had no power to set up its own agricultural wages board was defeated in July 2014.