Living Wages are paid

What you must do - law 1

The legal requirements – these are the MINIMUM standards you MUST implement on site to be legally compliant.

Law

In the UK (including Wales and Scotland), the key piece of legislation related to pay is The National Minimum Wage Act (1998)

Workers involved in agricultural work are also covered by the Agricultural Wages Order 2010 made under the Agricultural Wages Act 1948. There are separate regulations for Northern Ireland (Agricultural Wages (Regulation) (Northern Ireland) Order 1977) and Scotland (the Agricultural Wages (Scotland) Act 1949 and  the Agricultural Wages (Scotland) Order (No. 53)).

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Living wages are paid

Key elements include:

  • Stipulation of minimum wage levels for different age groups
  • What benefits count for minimum wage purposes
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The laws covering national minimum wage, apply to ALL workers unless they are doing agricultural work. Agricultural work includes dairy farming, the production of consumable produce (grown for sale or consumption), the use of land for grazing, meadow or pasture land and nurseries. In practice, this means any field work such as cutting, picking and rig packing is categorised as agricultural work. The pay of workers doing agricultural work is regulated by the Agricultural Wages Order (AWO); this includes workers on the SAWS scheme. Agricultural workers must not be paid less than they would otherwise be entitled to under the National Minimum Wages Order.

NB:  All the wage levels within this section are correct at the time of publication and the date from which they are valid is also listed. Wage levels increase on an annual basis from the 1st October. You need to check on new wage levels to make sure you are paying the correct wages.

The AWO applies to workers working in pack houses if the produce being packed is grown on land owned by the same commercial entity.

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