Your employment rights

The Seasonal Worker Visa scheme is a fixed-term visa that restricts the individual to working on a particular farm (unless they are granted a transfer elsewhere). These restrictions can make workers vulnerable to exploitation. However, seasonal workers are entitled to the same statutory rights as any other worker.

What pay am I entitled to?

All seasonal workers, regardless of age, are entitled to be paid at least the national minimum wage. This is set in April of each year, so make sure you are being paid the most recent rate. From 1 April 2025, the minimum wage is £12.21 per hour.

Each time you are paid, you should receive a payslip that clearly states the period of time you are being paid for, your wages, and any deduction, such as tax, or accommodation fees (cannot be more than £10.66/day from 1 April 2025). The payslip should have a clear breakdown of the payment, showing how your pay was calculated. If you do not receive payslips or they are unclear to you, contact both your employer and your operator directly.

If you believe you are being paid below the minimum wage, you should raise this issue in writing with both your employer and your operator. If they are unable to provide a reasonable explanation, you can submit a complaint to the HMRC (tax service) or contact a charity for help enforcing your rights.

What does it mean if a farm pays piece rates?

Farms can choose to pay their workers either a wage no smaller than the national minimum wage, or piece rate pay. A piece rate structure means employees are paid according to their output, such as how much fruit they pick or how many boxes they pack. If you are being paid by piece rate for some or all of the work you do, your employer should give you a written explanation of what these piece rates are and how they were calculated.

Piece rates should be calculated in a way that is fair and takes into account workers’ experience. A fair piece rate means that workers should normally earn at least the minimum wage. However, this does mean that if you continually work much slower than other workers in your role, then you could be paid below the minimum wage.

What hours of work am I entitled to?

You are entitled to receive at least 32 hours of paid work each week. If you receive less than 32 hours of paid work in a week, then your employer should still pay you for 32 hours that week. For example, if you only worked 17 hours in Week 1, and the wage rate in your contract of employment is £12.21 per hour, then you should be paid for 32 hours of work, equalling £390.72 (before tax).

We have observed that where employees have worked less than 32 hours in a week, some employers have forced them to take holidays instead of paying them for all 32 hours. This is only lawful if your employer gives you adequate written notice ahead of the holidays. This notice should be at least double the length of the holiday. For example, if your employer wants you to take two days’ holiday, they have to give you four days’ notice.

If you are receiving well below 32 hours of work per week, and your employer does not anticipate there being more hours for you, contact your operator to request a transfer.

Working in Scotland

Seasonal workers’ employment rights are slightly different in Scotland. If you are employed in Scotland, read through a guide in your language on the Scottish government website.

Can I take paid time off if I am sick?

You have a right to take sick leave, if you become injured or ill. Your employer should specify how to request sick leave if you need it.

The minimum sick pay that you are entitled to is called Statutory Sick Pay (SSP) and is equal to £116.75 per week. SSP will be £118.75 per week from 6 April 2025. SSP is paid from the fourth day of sickness absence, and you can continue to receive it for up to 28 weeks. Check your contract of employment to see if you are entitled to more sick pay.

If an illness or injury prevents you from working in your contractual role, your employer should consider whether you can work in an alternative role. Your employer should not dismiss you solely because you are taking sick leave. This could be classed as ‘automatically unfair dismissal’, which is unlawful.

What do I do if there is no more work available for me?

Your contract of employment should state the end date of your employment. However, your employment may be terminated before that date if the work has dried up, such as because of bad weather. If this happens, your employer must provide you with at least one week’s notice in writing before dismissing you (check your contract for more details). Once you have been informed there is no more work available, you should contact your operator in writing to request a transfer.

When you leave your employer, you should be provided with a P45 form and a final payslip. Your employer should also pay you outstanding wages and any holidays that you have accrued but not taken.

What is the procedure for dismissals and gross misconduct?

Dismissals for poor performance or bad conduct cannot usually happen immediately. An appropriate process, which is specified in your contract of employment, must be followed.

Your employer should first invite you to a meeting where they will lay out their grievances and you will have the opportunity to defend yourself. If the employer finds you guilty, they should give you a written warning, which summarises the outcome of the meeting and gives you the opportunity to appeal the outcome. If your offence is more serious or you have already been given a warning, then the employer might issue a final warning. Final warnings mean that if you repeat the offence or other conditions outlined in the final warning letter, then you may be dismissed.
If you are accused of gross misconduct (e.g. theft or harassment) or if you are accused of something after a final warning was already issued, you will be invited to a disciplinary hearing. Before the hearing, the employer should carry out an unbiased investigation of what actually happened. During the hearing, the employer will review the investigation findings and make a decision. You will be able to present your arguments and dispute any decision made. You will have the chance to bring a witness with you (e.g. a colleague), to request an interpreter, and to receive a copy of the notes from the hearing afterwards.
If you are dismissed, you should appeal the decision to dismiss within the time frame specified in the dismissal letter. An appeal must be submitted in writing to the relevant person or department, outlining what you disagree with and requesting that you be reinstated. You should also contact your operator in writing, in order to explain the situation and request a transfer, if necessary (see section below). If you believe the dismissal is unfair, you should specify in the email to your employer why you believe the dismissal is unfair. Finally, we suggest that you seek employment advice.

When you leave your employer, you should be provided with a P45 form and a final payslip. Your employer should also pay you outstanding wages and any holidays that you have accrued but not taken.

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We have created two information flyers containing the most important information you will need to know working on UK farms. Save these to your phone and share on social media to make sure you, and others, know your rights when working in the UK.