Migrant workers are a vital asset to Scotland’s horticulture sector and are a critical part of the sector’s success. It is vital for this success that Scotland is an attractive place to work. With a high amount of workers returning to work year after year, we know most farm businesses are attractive and rewarding places to work.
An important part of the migrant’s Scottish experience is their accommodation, which is usually a caravan. There are legal requirements for caravans, and Local Authorities must ensure these are being met. After a recent report on the risks of labour exploitation came out, the Scottish Government have pledged to “engage with Scottish local authorities on the scope for extending local authority inspection and enforcement capabilities under the Caravans and Control of Development Act 1960 to ensure compliance with minimum standards of accommodation”.
Almost all farmers in Scotland employing seasonal labour are regularly audited by the GLAA. This authority has a robust set of accommodation standards, and their audits provide an important check to avoid poor conditions. The GLAA’s audit can also take the pressure of already stretched local authorities.
The GLAA standards ensure that accommodation is safe for its occupants. Alongside specific standards about furniture, gas installations, and electrical equipment, there is a requirement that “any category 1 hazards as assessed under the Housing Health and Safety Rating System must be properly resolved”. There are 29 of these hazards in total, in four different categories: physiological requirements (e.g. no damp or mould growth); psychological requirements (e.g. no entry by intruders); protection against infections (e.g. domestic hygiene, pests, and refuse); and protection against accidents (e.g. no electrical hazards).
Looking after workers by looking after their accommodation is important: for the wellbeing of the workers themselves; and the reputation of Scottish farming. Public perception is key to farming’s success: as the public buys our food and votes at the ballot box. Attracting, retaining, and returning the most skilled and productive workers is also vitally important for success in the changing and challenging environment for UK horticulture post-Brexit.
Graham Bruce, Managing Director, Ringlink (Scotland) Ltd
As employers we are required to ensure the safety and welfare of our employees and those providing a service for us. We cannot expect anyone to perform a task without providing them with the appropriate equipment to complete the task both safely and effectively.
With this in mind it is worth highlighting the following legal requirement in relation to all agricultural workers including seasonal migrant workers: “a worker shall be provided, by their employer, with such of the following items of weather protective clothing as may be necessary for the proper performance of their duties”. This is a requirement of the Agricultural Wages (Scotland) Order, which goes on to list items including wellington boots, as well as PVC coat, leggings, and gloves. If these items wear out then you have to replace them. If a worker loses or damages them through negligence, then it is up to that worker to replace them.
There has been a recent update on the requirements of the Agricultural Wages (Scotland) Order. There are more details about this in the Legal & Technical section of NFU Scotland’s website.
Looking after industry workers is important and providing the right clothing for them to carry out their work is the employer’s duty. Attracting and retaining the most skilled and productive workers is essential for the Scottish farming industry, and looking after the safety and welfare of our employees is key to this.