The Scottish Agricultural Wages Board (SAWB) is an Executive Non-Departmental Public Body set up under the Agricultural Wages (Scotland) Act 1949. The SAWB exists to set minimum rates of pay and other conditions of service for agricultural workers in Scotland.
The SAWB meets twice a year in order to determine the minimum gross wages payable to agricultural workers and to set conditions for holiday and sick pay entitlement. NFU Scotland has five representatives on the SAWB.
The current minimum rates of pay and other conditions and guidance for employees and employers are set out in the following .pdf documents and at this link http://www.gov.scot/Topics/farmingrural/Rural/business/18107 with the most important notes being:
• A single minimum hourly rate of £8.21 for all agricultural workers, irrespective of age and duties.
• For workers during the first 26 weeks of employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 48 hours in any week. The overtime rate of pay is £12.32.
• For workers after 26 weeks’ continuous employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 39 hours in any week. The overtime rate of pay is £12.32.
• An hourly rate of £5.30 for workers who undertake a Level 2 Modern Apprenticeship in Agriculture or Horticulture for the first 12 months.
• An additional sum of not less than £1.25 per hour is payable to those workers continuously employed for more than 26 weeks with the same employer who hold a Scottish or National Vocational Qualification in an agricultural/horticultural subject at Level III or above; an apprenticeship certificate approved by Lantra Awards (formerly ATB Landbase); or a certificate of acquired experience issued by ATB Landbase, NTO.
• An additional allowance of £6.24 per working dog to a maximum of 4 dogs.
• The terms and conditions relative to Holidays with Pay and Special Holidays for all agricultural workers are prescribed in Part 4 (Articles 10-15) of the Order. The holiday provisions comply with the terms of the Working Time Regulations of 1998 as amended by the Working Time (Amendment) Regulations 2001.
• The terms and conditions relative to Sick Pay Entitlement for those agricultural workers who have been continuously employed by the same employer for at least 52 weeks are prescribed in Part 5 (Articles 16-19) of the Order.
• Provisions regarding Stable Income Arrangement, Benefits and Bereavement Leave remain unchanged. Full details can be found in the Wages Order.
NOTES
1. The above minimum wage rates came into effect on 1 April 2019. The Order does not apply to any person of “school age” within the meaning of sections 31 and 33 of the Education (Scotland) Act 1980.
2. For the purpose of the above rates the hours of work shall not include meal times but shall include any time during which by reason of weather conditions or otherwise, an employer has prevented a worker who was available for work, from working.
3. From 1 April 2017, the cap on deductions for accommodation other than a house will be £6.00.
Agricultural
Wages as of 1 April 2020
Minimum Wages
- A single minimum hourly rate of £8.72 for all agricultural workers, irrespective of age and duties.
- The minimum hourly rate of agricultural apprentices who undertake a SCQF Level 4 or 5 Modern Apprenticeship in Agriculture, Horticulture or equivalent qualification; are aged under 19; or are 19 and over and in their first year of apprenticeship, will be £5.46.
- Apprentices who are aged 19 and over and has completed at least one year of their apprenticeship will receive a minimum hourly rate on £8.72.
- An additional sum of no less than £1.29 is payable to workers who hold applicable qualifications, these qualifications include:
a) Scottish or National Vocational Qualification in an agricultural subject at SCQF Level 6 or above, or
b) an apprenticeship certificate approved by Lantra, (formerly ATB Landbase), or a certificate of acquired experience issued by ATB Landbase.
Overtime
- For workers during the first 26 weeks of employment, overtime must be paid when a worker works for more than 8 hours in any day or more than 48 hours in any week. The minimum hourly overtime rate is £13.08 for all workers.
- For workers who have worked form more than 26 weeks continuously with the same employer, overtime must be paid when a worker has completed more than 8-hours a day or more than 39-hours a week. The minimum hourly overtime rate is £13.08 for all workers.
- Details about how to calculate overtime rates are provided in Part 3 of the Order.
Holidays
- The terms and conditions relative to Holidays with Pay and Special Holidays for all agricultural workers are prescribed in Part 4 (Articles 10-15) of the Order.
- The holiday provisions comply with the terms of the Working Time Regulations of 1998 as amended by the Working Time (Amendment) Regulations 2001.
Absence Due to Ill Health
- The terms and conditions relative to Sick Pay Entitlement for those agricultural workers who have been continuously employed by the same employer for at least 52 weeks are prescribed in Part 5 (Articles 16-19) of the Order.
Benefits
- The daily rate of the accommodation off-set for accommodation other than a house cannot exceed £8.20.
- The accommodation offset for the provision of a house remains at £1 per week.
Miscellaneous Conditions
- The dog allowance is £6.43 per week for each dog up to a maximum of four dogs.
Other Conditions
- Provisions regarding Stable Income Arrangement, Benefits and Bereavement Leave remain unchanged and full details are available in the Wages Order.
Notes
- This Order is cited as the Agricultural Wages (Scotland) Order (No.67) 2020 and takes effect on Wednesday 1 April 2020.
- The Order applied to all agricultural workers but does not apply to any person of “school age” within the meaning of sections 31 and 33 of the Education (Scotland) Act 1980.
- For the purpose of the above rates, the hours of work shall not include meal times, but shall include any time during which an employer has prevented a worker who is available to work from working, for example due to weather conditions or otherwise.
- The new Agricultural Wages (Scotland) Order (No.67) 2020 is available here.
- The Agricultural Wages in Scotland Guide (24th Edition) is available here.