Written by: Gemma Richards, HR Manager – HR Services at CXC
As autumn harvesting gets underway, many farms will be bringing in seasonal staff, casual workers or contractors to help manage the workload.
Whether someone is joining you for a few weeks or simply helping during the busiest days, there are still important employment and health and safety responsibilities to consider.
With extra people often coming onto farms at one of the busiest times of the year, getting the right arrangements in place from the outset can help avoid problems further down the line. From employment status and Right to Work checks to inductions, training and risk assessments, there are several areas worth reviewing before work begins.
Gemma Richards, HR Manager – HR Services at CXCS, looks at eight key checks to consider when taking on seasonal staff or contractors this autumn.
1. Be clear about employment status
Seasonal staff can be engaged under a variety of arrangements but simply referring to someone as ‘self-employed’ or a ‘contractor’ does not necessarily determine their employment status.
The reality of the working arrangement matters, including factors such as who controls how and when the work is carried out, whether the individual is required to carry out the work personally and whether they are genuinely operating their own business.
Getting employment status right is important because it can affect employment rights, tax and other responsibilities.
If you are unsure about someone’s status, seek advice before they start.
2. Carry out Right to Work checks
Employers must make sure anyone they employ has the legal right to work in the UK.
The appropriate Right to Work check should be completed before employment begins, including for temporary or seasonal staff.
Keep appropriate records of the check and make sure you know whether any follow-up checks will be required if the individual has time-limited permission to work in the UK.
Check an applicant’s right to work – GOV.UK
3. Make sure the terms are clear
Even if someone is only working on the farm for a relatively short period, make sure the working arrangements are clear from the outset.
This should include areas such as:
- pay;
- hours and working patterns;
- holiday entitlement;
- how long the work is expected to last; and
- what the individual will be expected to do.
Employees and workers are entitled to written information setting out their main employment particulars from the start of their employment, so don’t rely solely on an informal or verbal agreement.
Using an appropriate seasonal, fixed-term or casual agreement can help ensure both parties understand the arrangements from the outset.
4. Check pay, hours and rest
Busy harvest periods can involve long days, so keep an eye on hours worked and make sure the relevant requirements around pay, rest breaks and working time are being met.
Remember that additional working time and rest requirements apply to young workers.
Seasonal and irregular-hours workers may also accrue statutory holiday entitlement during their engagement, so make sure holiday entitlement and holiday pay are calculated correctly.
Agricultural wage rules also vary across the UK. Farms should check the requirements that apply in England, Wales, Scotland or Northern Ireland, as appropriate.
5. Give everyone an induction
Someone may have years of experience working on farms, but they won’t necessarily know your farm.
Before they start, make sure seasonal workers understand relevant site rules, emergency procedures, first aid arrangements and the risks associated with the work they will be doing.
This could include information about:
- vehicle and machinery movements;
- overhead power lines;
- field and yard hazards;
- lone working arrangements;
- required PPE; and
- emergency contacts and procedures.
Keep a record of inductions and any training provided.
6. Check training and competence
Make sure anyone operating machinery has the necessary training, knowledge and experience to use it safely.
This is particularly important for tractors, telehandlers, forklifts and harvesting machinery.
Don’t assume that because someone has used similar machinery elsewhere, they are automatically competent to operate your equipment safely. Make sure they understand the machinery they will be using, the work they will be carrying out and any farm-specific risks.
Where particular training, licences or certificates are required, make sure these are checked and remain current.
7. Review your risk assessments
Consider whether bringing additional people onto the farm changes any of your existing risks or working arrangements.
Relevant risk assessments should reflect the work being carried out and the people doing it.
Particular consideration may need to be given to young or inexperienced workers, lone working, workplace transport, machinery and long working hours.
Remember that providing someone with a risk assessment is not a substitute for making sure they understand the risks and the control measures they are expected to follow.
8. Don’t forget contractors
If you are using contractors during the autumn workload, make sure responsibilities are clear before work starts.
Share relevant information about site hazards and working arrangements and check their competence, relevant training or qualifications and appropriate insurance before work begins.
Both the farm business and contractor may have health and safety responsibilities, so don’t assume that using a contractor automatically removes your responsibilities.
Good communication before work starts can help ensure everyone understands who is responsible for what and how the work will be carried out safely.
A few checks now can prevent problems later
Seasonal and temporary workers can provide invaluable extra support during busy autumn workloads, but short-term employment shouldn’t mean cutting corners on the basics.
Making sure employment arrangements, paperwork, Right to Work checks, inductions and training are in place before someone starts can help protect both your business and the people working for you.
Further help & advice
If you are taking on seasonal staff this autumn and would like help with contracts, employment status, Right to Work checks, holiday entitlement or other employment matters, please contact our HR team on 01981 590514 or email info@cxcs.co.uk.
You can also find out more about our Human Resources service on our website.