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Farm workers pay order to be replaced by minimum wage

By: Trevor Sturgess

Published: 18:00, 24 June 2013

Strawberry pickers in a Kent field

Employers have been warned to check contract terms ahead of the scrapping of a long-established wages scheme for farm workers.

The abolition of the Agricultural Wages Order (AWO) means that the national minimum wage will apply from October 1 but more details are awaited, according to the Kent-based BTF Partnership of chartered surveyors.

It has urged employers in the land-based sector to urgently check all their employment contracts. Partner Colin Hall, a director of the 50 Club Horticultural Employers’ Association, said: “The implications of AWO abolition on individual employees will depend entirely upon the status of the employee at the time and the contractual terms applying to him/her. It is likely existing employees engaged prior to October 1 with no specific contractual provisions reserving the right to amend following AWO abolition will broadly continue with the same entitlements.

“For others, however, such as those more recently employed with a specific contractual provision reserving the employer’s right to amend their contractual terms following abolition of the AWO, or those employed on or after October 1, the implications are greater.”

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He explained that from October 1, employees may not be automatically entitled to AWO enhancements such as increased pay rates (over and above the National Minimum Wage), overtime, maximum deduction for a house, bereavement entitlements and enhanced holiday (31 days instead of 28 days).

Mr Hall said: “Employers need to be careful between now and September 30 that any employees taken on receive a contract of employment that makes it clear what their entitlements are and review any existing contracts and seek advice if in doubt.”

BTF Partnership is an independent firm of chartered surveyors specialising in land and estate management. It has offices in Ashford, Canterbury and Hadlow. The firm works with landowners, farms, rural estates, commercial property owners and investors, and operates the 50 Club that provides support for horticultural/agricultural employers.

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