Sponsoring overseas seasonal workers for agriculture

Agribusinesses have been hit hard by the ending of free movement to the UK for EU Nationals, resulting in labour shortages within the industry. You can, however, apply to sponsor Seasonal Workers to come to the UK to work in horticulture and / or poultry.

You will need to apply for a Sponsor Licence under the Temporary Workers route. Once obtained, you can bring overseas horticulture workers to the UK at any time for up to six months; or poultry workers between 18 October and 31 December each year.

It takes up to three weeks for a Seasonal Worker visa to be granted, and up to eight weeks for the Sponsor Licence to be granted, therefore agribusinesses who are considering sponsoring such workers need to be commencing the process at least three months before workers are required.

HR support for Agriculture

The rural and agricultural industry has been facing more challenges recently with HR issues inevitably occurring in day-to-day working. You may have employees who were employed before 1 October 2013 whose terms and conditions are still governed by the Agricultural Wages Board in respect of overtime rates, nightwork rates, call-out rates, sick pay, and the provision of a dog allowance.

You may provide accommodation to your employees which has implications under the National Minimum Wage regulations as well as the risk of entering into a tenancy agreement or agricultural tenancy.

In addition, you may operate seasonal working, both in terms of fluctuating numbers of employees and also the maximising of daylight hours.

We can assist you by:

• Drafting appropriate Contracts of Employment, according to whether or not the Agricultural Wages Board applies
• Advising on the accommodation off-set rules as prescribed by the National Minimum Wage regulations, and the different rules which apply under the Agricultural Wages Board (where still applicable)
• Ensuring that the appropriate wording is used in respect of accommodation to avoid entering into a tenancy agreement and ensuring that employees will be legally required to vacate the property when their employment ends
• Drafting Annualised Hours / Seasonal Working Contracts as appropriate
• Incorporating wording into Contracts of Employment in respect of hours of work to reflect daylight working, adverse weather conditions, temporary shortages of work etc
• Advising on working time issues e.g. rest breaks, daily and weekly rest, and Workforce Agreements in respect of working hours
• Supporting either remotely or on-site where necessary in respect of recruitment, disciplinaries, redundancy consultations, family-friendly leave etc

MHA HR Solutions can assist you in applying for your Sponsor Licence and Certificates of Sponsorship, and can advise on Seasonal Worker visa applications. We are registered by the Office of the Immigration Services Commissioner (OISC) and authorised to provide Immigration advice and services at Level 1.