The Agricultural Wages (Wales) Order 2027 (consultation document)

The independent Agricultural Advisory Panel for Wales wishes to seek views on the Agricultural Wales Order 2027, containing changes to minimum wage rates and allowances and other conditions of employment for agricultural workers (“Agricultural worker” as per the definition of agriculture stated within the Agricultural Sector (Wales) Act 2014.

Opening: Thursday 5 November 2027

Closing: Thursday 19 November 2027

The Agricultural Advisory Panel for Wales (“the Panel”) is an independent body that proposes the minimum rates of pay for agricultural workers and what their working conditions should be. They also encourage people to work in agriculture and seek to identify any skill needs the industry make have. The Panel are also duty bound to provide advice to the Welsh Government when requested.

The Panel includes members from different groups: the Farmers Union of Wales, National Farmers Union Cymru, Unite the Union, and 3 independent members.

Every year, the Panel reviews the minimum rates of pay and work conditions for agricultural workers, including sick pay and overtime allowance.

When making decisions, the Panel review the economic situation in the agricultural sector in Wales. In addition, the effects of wider events like the UK’s exit from the European Union (Brexit), the Covid-19 pandemic, and the war in Ukraine are considered.

Brexit has caused uncertainty in farming because of changes to trade deals, rules, and immigration policies. These changes can make it harder to source seasonal and skilled workers. Agricultural businesses can also have concerns about future financial support and payment rates, which can make planning difficult.

The current instability in Ukraine and the Middle East has increased the cost of farming supplies and affected the availability and prices of food and animal feed around the world. At the same time, the cost of living has risen dramatically, which is tough for workers, especially those with low incomes living in rural areas where things like housing, transport, food, heating, and services are more expensive.

The Panel consult on their proposals before sending them to the Welsh Government for consideration. Once approved, the proposals become law in Wales.

In June 2023, a survey [Survey of agriculture and horticulture: June 2023 | GOV.WALES] showed that 12,000 people worked in agriculture in Wales, an increase of 5% since 2022. This includes both regular workers (full-time and part-time) and casual workers. Some jobs, like shearing and harvesting, are done by contractors who are not counted in this survey because they are self-employed.

In preparation for these proposals for 2027, the Panel reviewed the current minimum rates of pay for each grade of agricultural worker, with the Farming Unions and Unite both inputting detailed evidence into the process. The subsequent Panel proposals for 2027 presented here for consultation were subject to a majority Panel vote.

The current minimum pay rates for the different grades of agricultural worker are shown in Table 1.
 

Table 2: proposed rates

Questions

Question 1: Do you agree with the suggested minimum pay rates and allowances for agricultural workers starting 1 April 2027?

If not, please explain why and what you think would be better.

Question 2: What do you think the effects will be on businesses, workers, and the farming industry as a whole (both good and bad)?

Article 20: Agricultural Sick Pay

The Order provides an Agricultural Sick Pay (ASP) scheme for agricultural workers. To qualify for ASP, a worker must have completed 52 weeks of continuous employment.

Currently ASP is not paid for the first 3 days of an absence where the sickness lasts for less than 14 days. Any Statutory Sick Pay (SSP) received is deducted from ASP.

The maximum period of Agricultural Sick Pay depends on length of service:

Why is this being reviewed?

The Employment Rights Act 2025 has made SSP payable from the first day of sickness absence, removing the 3-day waiting period.

The current wording of Article 20 states that ASP is not payable for the first 3 days of sickness absences where the duration of the sickness absence is less than 14 days.

The Panel considers that Article 20 should be amended so that ASP is payable from day one of sickness absence regardless of the duration of the sickness absence to align with the day one entitlement to SSP.

Questions

Question 3: Do you agree that Agricultural Sick Pay should be aligned with Statutory Sick Pay by removing the 3-day waiting period?

Articles 40 - 42: Bereavement Leave and Bereavement Pay

The Order currently provides paid bereavement leave and pay for agricultural workers when certain family members die. The entitlement to bereavement leave and pay is determine by the relationship of the agricultural worker to the deceased individual:

Why is this being reviewed?

The Employment Rights Act 2025 will introduce a new day-one right to at least one week of unpaid bereavement leave, including leave following pregnancy loss before 24 weeks.

Changes to the bereavement leave provisions will therefore be required to ensure the Order aligns with the new legislation, particularly in relation to the length of leave available; and the categories of people and circumstances covered.

Questions

Question 4: Do you agree with the amendments to bereavement leave as detailed above?

Question 1: Do you agree with the suggested minimum pay rates and allowances for agricultural workers starting 1 April 2027?

If not, please explain why and what you think would be better.

Question 2: What do you think the effects will be on businesses, workers, and the farming industry as a whole (both good and bad)?

Question 3: Do you agree that Agricultural Sick Pay should be aligned with Statutory Sick Pay by removing the 3-day waiting period?

Question 4: Do you agree with the amendments to bereavement leave as detailed above?

Comments on these proposals should be submitted before 15 November 2024 so the Panel may submit advice to ministers as required by the Agricultural Sector (Wales) Act 2014.

Please submit your response in any of the following ways:

• complete our online form
• download, complete the response form and email AAP@gov.wales
• download, complete the response form and send to:

Any response you submit will be seen in full by Welsh Government staff dealing with matters relating to the Agricultural Advisory Panel. Responses will also be shared with the Panel, and where the Welsh Government or the Panel undertakes further analysis of consultation responses then this work may be carried out by third party contractors (e.g. a research organisation or a consultancy company). Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection.

Responses to consultations are likely to be made public, on the internet or in a report. If you would prefer your response to remain anonymous, please tell us.

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the GDPR, please see contact details below:

UK General Data Protection Regulation (UK GDPR)

The Welsh Government will be data controller for any personal data you provide as part of your response to the consultation. Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data. In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

You should also be aware of our responsibilities under Freedom of Information legislation. If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than 3 years.