Seasonal agricultural workers: what employers need to know

17th Jun 2026

Author: Mohammed Balal

Seasonal workers play an important role in agriculture, particularly during planting, harvesting and other busy periods when farms and rural businesses need extra support for a limited time.

For employers, taking on seasonal agricultural workers can be a practical way to manage demand. It can also bring added responsibilities. Temporary work does not mean informal arrangements. Seasonal workers may still have important rights around pay, holiday, rest breaks, sick pay, health and safety, accommodation and written terms.

Mohammed Balal, Employment Law specialist explains why understanding and planning these arrangements properly at the outset can help you protect your business, support your workforce and reduce the risk of disputes later.

Employers should also be aware of the Employment Rights Act 2025, which introduced new rights affecting certain zero-hours, low-hours  and irregular- hours arrangements. These include a framework for guaranteed hours, reasonable notice of shifts and payments where shifts are cancelled, moved or curtailed at short notice.

These changes are being introduced in stages and some of the detail remains subject to consultation, regulations and further guidance. Seasonal work remains lawful and important within the agricultural sector, but employers who rely on seasonal labour should keep working arrangements, rotas and record-keeping under review.

Why seasonal agricultural work needs clear arrangements

A seasonal worker may only be with you for a short period, but you should still be clear about the basis on which they are working. This includes their role, start date, expected end date, pay, hours, place of work, holiday entitlement, sick pay arrangements and any accommodation provided.

Employers should ensure that seasonal staff receive clear written terms from the outset. Employees are entitled to a written statement of employment particulars on or before the first day of employment. This is not the same as a full employment contract, but it records the main terms of the working relationship. For seasonal agricultural work, where hours, location and duties may change depending on weather and crop conditions, clear written terms are especially useful.

You should also think carefully about employment status. Some people may be employees. Others may be workers or agency workers. Their rights and your obligations will depend on the facts of the arrangement, not simply the label used in a document.

Where seasonal workers are engaged on zero-hours or low-hours contracts, employers should keep arrangements under review.

The Employment Rights Act 2025 introduces a framework for new rights relating to guaranteed hours and working patterns for qualifying workers. Many of the detailed provisions remain subject to consultation, secondary legislation and commencement regulations

Pay, hours and holiday pay

Seasonal workers must be paid correctly. In most cases, this means at least the National Minimum Wage or National Living Wage for their age group. If workers are paid by the amount they pick or produce, you still need to make sure their pay does not fall below the legal minimum over the relevant pay period.

You should keep accurate records of hours worked, pay, deductions and holiday. This is particularly important where working patterns change from week to week. Accurate records may also help employers demonstrate compliance with any future obligations relating to guaranteed hours and working patterns for seasonal and irregular-hours workers.

Seasonal workers may also be entitled to paid holiday. For irregular hours or part-year workers, holiday entitlement and holiday pay can be more complicated than for regular full-time staff. Rolled-up holiday pay may be permitted in some circumstances for irregular hours and part-year workers, but it must be handled carefully and shown clearly.

Employees may also be entitled to Statutory Sick Pay if they are too ill to work and meet the relevant eligibility rules. Statutory Sick Pay rules have been subject to recent legislative changes and employers should make sure payroll systems, contracts and internal procedures reflect the current position. You can read more in our website article on the changes here.

Notice of shifts and cancellation of work

The Employment Rights Act introduces a framework for new rights relating to shift scheduling for certain workers on zero-hours and other qualifying contracts. These include rights to reasonable notice of shifts, reasonable notice of cancellations or changes, and compensation where shifts are cancelled, moved or curtailed at short notice.

Although the detailed requirements and commencement dates continue to develop, employers who rely on seasonal labour should review rostering practices and consider how shifts are communicated to workers. Maintaining clear records of shift allocation and any subsequent changes may assist in demonstrating compliance with the new framework.

Accommodation and deductions

Many seasonal agricultural workers live on or near the farm during their placement. If you provide accommodation, you should check both the quality of the accommodation and how any charge affects pay.

Accommodation charges can affect whether a worker has received the National Minimum Wage or National Living Wage. If the charge is too high, it can reduce the amount that counts towards minimum wage compliance.

You should also make sure living conditions are safe, clean and suitable. Where accommodation is permanent or fixed, housing legislation may also be relevant. If workers are living in caravans, temporary accommodation or shared accommodation, you should still check welfare standards and practical arrangements such as washing facilities, heating, drinking water and access to toilets.

Overseas seasonal workers and right to work checks

Some seasonal agricultural workers come to the UK under the Seasonal Worker route. This route is limited to particular types of work in horticulture and poultry production and usually operates through approved scheme operators.

Even where a scheme operator is involved, employers should not assume that immigration and employment law responsibilities sit elsewhere. You must still carry out appropriate right to work checks before a worker starts work. Where a worker has time-limited permission, you may also need to carry out follow-up checks.

Right to work checks should be completed consistently for all workers. This helps you comply with immigration requirements and avoid discriminatory treatment during recruitment.

Health, safety and welfare

Agricultural work can involve machinery, chemicals, animals, vehicles, long hours, lone working and changing weather conditions. Employers are responsible for protecting the health, safety and welfare of those working for them.

Before seasonal workers start, you should make sure they receive proper training and supervision. This may include instruction on equipment, safe systems of work, personal protective equipment, reporting accidents, hygiene, fire safety and what to do if they have a concern.

If workers do not speak English as a first language, you should consider how information will be understood in practice. A policy or induction sheet is only useful if the worker can understand and follow it.

Where workers are harvesting away from the main farm buildings, you should also plan welfare facilities. Temporary toilets and washing facilities may be needed close to the site during the period of work.

Using agencies or labour providers

If you use an agency or labour provider, you should check whether they need to hold a Licence issued by the Gangmasters and Labour Abuse Authority (GLAA). Labour providers in agriculture and horticulture will often need a licence. Using an unlicensed labour provider can create serious legal and reputational risk.

Before work starts, check the public register, keep evidence of the check and make sure you know who you are contracting with. You should also make sure the commercial arrangement is clear about who is responsible for pay, working time records, right to work checks, accommodation and day-to-day supervision.

How Butcher & Barlow can help

Seasonal labour can be essential to the smooth running of an agricultural business, but the legal position is not always straightforward. The right documents and processes can help you avoid misunderstandings and deal with issues before they become disputes.

This is particularly important as the Employment Rights Act 2025 reforms are implemented over the coming years, with further regulations expected to affect working patterns, hours and workforce planning.

Mohammed Balal and our Employment Law & HR Team can advise on contracts, worker status, holiday pay, deductions, accommodation issues, right to work checks, sickness absence and the use of agencies or labour providers.

If you are taking on seasonal agricultural workers or reviewing your current arrangements, please contact Mohammed Balal or our Employment Law & HR Team. We will take the time to understand how your business operates and help you make clear, practical decisions.

Mohammed Balal can be contacted at mbalal@butcher-barlow.co.uk or on 0161 764 4062

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.