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The Agricultural Wages (Wales) Order 2023 will come into force on 1 April 2023 and will increase the minimum wage rates and allowances for agricultural, horticultural and agri-forestry employees in Wales.
Other changes from previous such orders are as follows:-
- The definition of "employee” will include agency workers and workers employed by gang masters who may not have a contract of service directly with the employer, as well as directly engaged employees and workers.
- It will be possible for employers and employees to agree a different holiday year than the default 12 month period beginning on 1 October.
- The calculation of holiday pay for employees with variable hours, and employees with normal hours who work overtime, will be brought into line with the Working Time Regulations 1998. Previously, it was provided simply that holiday pay was to be based on the employee’s average pay over the previous 52 weeks. It will be the case going forward that any weeks in which no remuneration was payable are to be excluded from the 52 week reference period and earlier weeks taken into account, up to a maximum of 104 weeks. The effect of the previous disparity was that an employee in agriculture, horticulture or agri-forestry employees in Wales would be entitled to rely on whichever approach was more favourable to them (i.e. either that under the agricultural wages legislation or that under the Working Time Regulations).
The new rates of pay and other allowances that are payable from 1 April are set out below, with the current rates in brackets.
| Grade | Rate per hour |
|---|---|
| A1 - Agricultural Development Worker (16-17 years) | £5.28 (£4.81) |
| A2 - Agricultural Development Worker (18-20 years) | £7.49 (£6.83) |
| A3 - Agricultural Development Worker (21-22 years) | £10.23 (£9.18) |
| A4 - Agricultural Development Worker (23 years+) | £10.47 (£9.50) |
| B1 - Agricultural Worker (16-17 years) | £5.28 (£4.81) |
| B2 - Agricultural Worker (18-20 years) | £7.49 (£6.83) |
| B3 - Agricultural Worker (21-22 years) | £10.23 (£9.18) |
| B4 - Agricultural Worker (23 years+) | £10.74 (£9.79) |
| C – Agricultural Advanced Worker | £11.07 (£10.08) |
| D – Senior Agricultural Worker | £12.14 (£11.06) |
| E – Agricultural Manager | £13.32 (£12.13) |
| Apprentice Year 1 | £5.28 (£4.81) |
| Apprentice Year 2 (aged 16-17) | £5.28 (£4.81) |
| Apprentice Year 2 (aged 18-20) | £7.49 (£6.83) |
| Apprentice Year 2 (aged 21-22) | £10.18 (£9.18) |
| Apprentice Year 2 (aged 23+) | £10.42 (£9.50) |
| Dog Allowance | £9.36 (£8.53) per dog per week |
| Time Work Allowance | £1.78 (£1.62) per hour of night work |
| Adoption Allowance | £73.60 (£67.09) for each child |
| Accommodation Offset - (House) | £1.65 (£1.50) per week |
| Accommodation Offset - (Other Accommodation) | £5.29 (£4.82) per day |
Other Allowances
Dog Allowance £9.36 (£8.53) per dog per week
Time Work Allowance £1.78 (£1.62) per hour of night work
Adoption Allowance £73.60 (£67.09) for each child
Accommodation Offset - (House) £1.65 (£1.50) per week
Accommodation Offset - (Other Accommodation) £5.29 (£4.82) per day
The Order can be accessed here.
For further information and advice in relation to employment law specific to the agricultural sector in Wales, please contact me or another member of the Employment team.
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