Farm Workers' Rights in Scotland

Who this guide is for

People employed in agriculture in Scotland, including part-time, seasonal and casual workers and apprentices.

What this guide does not cover

• Farm workers in England, Wales or Northern Ireland: see Farm Workers' Rights in England, Farm Workers' Rights in Wales or Farm Workers' Rights in Northern Ireland.
• Visas and immigration, including the Seasonal Worker visa.
• General employment rights: see Your Rights as an Employee in England, Wales and Scotland.
• The minimum wage in detail: see The Minimum Wage in the UK.
• Bereavement leave, standby duty and training rules in detail: read the Scottish Agricultural Wages Board's guide.

What the rules depend on

1. Do you work in agriculture in Scotland? The Order covers every worker employed in agriculture in Scotland, except children of school age.
2. Are you an apprentice studying for an SCQF level 4 or 5 qualification in agriculture or horticulture?
3. Do you have an agricultural qualification at SCQF level 6 or 7 or above?
4. How long have you worked continuously for your employer? That decides overtime and sick pay.
5. How many days a week do you work? That decides your holidays.

"What is the minimum I must be paid?"

The Scottish Agricultural Wages Board sets the minimum pay and conditions for farm workers in Scotland. From 1 April 2026 the minimum hourly rate is £12.71 for agricultural workers, with a lower rate for some apprentices (below).

If your apprenticeship contract says you will study an SCQF level 4 or 5 course in agriculture or horticulture, and you are under 19 or in the first year of your apprenticeship, you can be paid £8.00 an hour for up to 18 months. After that, the minimum is £12.71 until 31 March 2027.

If you hold a qualification at SCQF level 6 or 7 or above in a relevant agriculture or production horticulture subject, or a Certificate of Acquired Experience, you must be paid at least £1.91 an hour on top.

"When do I get overtime?"

If you have worked for your employer for up to 26 continuous weeks, overtime must be paid when you work more than 8 hours on any day or more than 48 hours in any week. After 26 continuous weeks, the weekly threshold drops to 39 hours. No hour can be counted twice.

Overtime is paid at 1.5 times your minimum hourly rate.

"What holidays do I get?"

It depends on how many days you are expected to work in a normal week:

• 1 day: 8 days a year
• 2 days: 13
• 3 days: 18
• 4 days: 23
• 5 days: 28
• 6 days: 33
• 7 days: 38

Christmas Day and New Year's Day are also special holidays. If your days vary, an average over 12 weeks is used. Holiday pay is worked out on a 52-week average.

If you work on a holiday, you get 1.5 times your minimum rate for at least four hours. If you work on Christmas Day or New Year's Day, you get three times your rate.

"What sick pay do I get?"

You qualify for agricultural sick pay after 52 weeks' continuous employment with the same employer. You can get it for 13 times the number of days you work each week, in any 52 weeks. For 5 days a week, that is 65 days.

A day's sick pay is your minimum hourly rate (including any qualification supplement) times your normal weekly hours (not overtime, and no more than 39), divided by your contracted days a week.

Agricultural sick pay is not paid for the first 3 days of each absence, but Statutory Sick Pay may cover them. You must tell your employer within 24 hours. You need a signed statement or medical certificate for 4 to 6 days, and a medical certificate for 7 days or more.

"My employer provides my accommodation"

If your employer provides a house, it can count it as £1 a week towards your wages. It cannot count anything if the local council has declared the house unfit to live in. For other accommodation, the deduction must not be more than £10.66 for each day.

Other deductions, such as meals or fuel, need a written agreement and must not take your pay below the Order's minimum.

"Other rights in the Order"

• Dog allowance: at least £11.18 a week for each dog you must keep and feed for your job, up to 4 dogs.
• Standby duty: two hours' pay for each standby period, plus pay for hours you actually work.
• Weather protective clothing: your employer must provide it where needed.
• Time sheets: your employer must provide them and keep them for at least three years, unless hours are recorded automatically.

Deadlines you must meet

• Most employment tribunal claims: 3 months less 1 day from the act you are complaining about. It is 6 months less 1 day only where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit. Early conciliation pauses the clock.
• Complaints to the Scottish Public Services Ombudsman about how a complaint was handled: normally within 12 months.
• Your exact date depends on your facts. See our tribunal deadline guide.

Money figures

From 1 April 2026 (Agricultural Wages (Scotland) Order No. 73):

• Minimum hourly rate: £12.71
• Apprentices on an SCQF level 4 or 5 course (under 19, or in the first year): £8.00 an hour for up to 18 months
• Overtime: £19.07 an hour (1.5 times £12.71)
• Qualification supplement: £1.91 an hour
• Dog allowance: £11.18 a week per dog, up to 4
• Accommodation: house £1 a week; other accommodation up to £10.66 a day

Traps

• Do not use England's rules in Scotland. Scotland still has a legally binding farm wages order.
• Overtime in your first 26 weeks starts after 48 hours a week, not 39.
• Agricultural sick pay needs 52 weeks with the same employer.
• The £8.00 rate for workers on an SCQF level 4 or 5 course only lasts 18 months.
• Do not use the 6-month tribunal limit for an act that happened before 1 October 2026.