The Agricultural sector in Northern Ireland operates in a highly regulated employment environment, from farm wage obligations to migrant labour obligations.
Farm employers face a range of legal requirements meaning that failure to comply could result in financial penalties, employment tribunal claims and reputational damage. Below we have provided a brief overview of some employment law issues and practical guidance on how agricultural business can ensure compliance.
Written Contracts and Terms of Employment
Within Agribusiness the type of employment sought will largely depend on seasonal demands, but regardless of the nature of employment, i.e. permanent, fixed term or zero hour workers, employers across Northern Ireland must provide workers with clear written terms and conditions of employment within 2 months of commencing employment. This is to safeguard the employers as well as the individuals. Contracts should include job title, pay, working hours, holiday entitlement, notice periods and location of work. A written contract clarifies expectations and reduces the risk of disputes.
Failure to provide a contract of employment could result in additional compensation awarded to a worker if they were to lodge a claim to the employment tribunal.
Compliance recommendations:
1. Be clear on the type of contract you wish to apply, i.e. permanent, fixed term or zero hour;
2. Issue a written statement of the core terms on or before the first day of employment;
3. For seasonal or fixed term workers, provide appropriately tailored written terms that cover statutory entitlements and a clear termination date;
4. Ensure you keep contracts under review, especially fixed term or zero hour contracts.
Minimum Wages and Agricultural Wage Rules
Agricultural workers in Northern Ireland are generally entitled to minimum pay rates set by the Agricultural Wages Board (AWB), which may be above the national minimum or living wage.
The AWB rates are set to increase from April 2026 to:
Rates of Pay for 2026-27
Grade 1: Agricultural Trainee, (Minimum rate – applicable for the first 40 weeks cumulative employment)
Rate per hour: Under 18 years of age – £8.00 per hour; 18-20 years of age – £10.85 per hour; 21+ years of age – £12.71 per hour
Grade 2: Agricultural Worker
Rate per hour: £13.30 per hour
Grade 3: Lead Skilled Agricultural Worker
Rate per hour: £13.66 per hour
Grade 4: Agricultural Multi-skilled Worker
Rate per hour: £13.89 per hour
Grade 5: Agricultural Manager
Rate per hour: £14.44 per hour
The following will also apply from April 2026 regarding overtime and accommodation offset:
- Overtime will now be paid at the same hourly rate as normal working hours. Other overtime rates will be subject to contractual agreement between the employer/employee.
- Accommodation offset be increased to £60.00 per week.
Compliance recommendations:
1. Check the AWB minimum rates annually as they usually are updated in April of each year;
2. Ensure workers are paid at least the agricultural minimum wage applicable to their grade;
3. Keep accurate records of hours worked and wages paid, ensuring that workers are provided with itemised payslips.
Right to Work and Labour Providers
Employers must check that everyone they hire has the legal right to work in the UK. This applies whether workers are directly recruited or supplied via labour providers. It is also important to be aware of seasonal worker visas which can be used for short periods of seasonal demands, such as fruit pickers or poultry workers coming up to Christmas.
Compliance recommendations:
1. Perform right-to-work checks on all employees before they begin work. If you employ an illegal worker a fine of up to £60,000 can be issued for each illegal worker;
2. If using labour providers, ensure they are licensed under the Gangmasters (Licensing) Act 2004 where required, unlicensed use can be classified as an offence;
3. Maintain documented evidence of right-to-work checks.
Health and Safety Obligations
Farming is one of the UK’s most hazardous industries. Therefore, employers have a legal duty to protect workers’ health and safety, regardless of contract type. Agricultural businesses need to ensure they provide proper training and maintain a clear paper record of all training provided for each individual. By having the paperwork to demonstrate that an individual was adequately trained and supported in the role, together with paperwork proving that specific health and safety procedures were provided to the worker, could mitigate possible financial loss to the business should an accident occur, but the aim should be to prevent an accident occurring in the first place by providing adequate training.
Compliance recommendations:
1. Conduct bespoke risk assessments for machinery, livestock handling, chemicals and other hazards;
2. Providing training, appropriate personal protective equipment (PPE) and supervisions;
3. Ensure clear communication with workers, particularly where language barriers exist (e.g. migrant workers).
Evolving Legal Landscape and Enforcement
Employment law is constantly changing and in 2024/25 we seen the introduction of the “Good Jobs Bill”. In Northern Ireland, employment law is a devolved matter, so whilst the mainland has already enacted new legislation and a timeline of when new employment rights come into force, Northern Ireland will not necessarily follow suit straight away.
Therefore, it is important that Agribusinesses monitor any developments which may impact their business such as possible reforms to Zero Hour Contracts.
Find out more about Cleaver Fulton Rankin’s Agribusiness legal services here.
This article has been produced for general information purposes, and further advice should be sought from a professional advisor.
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