Seasonal labour: legal issues for rural estates

As the growing season approaches, many rural estates will rely on temporary or seasonal workers to meet demand for planting, harvesting and packing crops. While seasonal labour is an established feature of agriculture, the legal landscape is changing, and there are key areas estates should be thinking about now to reduce risk and ensure compliance.

Employment Rights Act 2025

The Employment Rights Act 2025 will bring significant changes for employers who rely on flexible or variable-hours arrangements.

As of April 2026, the three-day waiting period and minimum earnings threshold for Statutory Sick Pay (SSP) have been removed, so that eligible employees will qualify for SSP from their first day of absence, regardless of how much they earn.

Eligible employees must have 'employment status' for SSP purposes, have done some work for the employer, have been ill for at least one full day, and satisfy the other eligibility conditions under the scheme. The changes to SSP are of particular relevance to lower paid, part-time and casual employees, many of whom were previously excluded because they did not earn above the minimum earnings threshold. SSP is paid at £123.25 per week or 80% of normal weekly earnings, whichever is lower.

From 2027, employers will need to offer guaranteed hours contracts (ie a set, minimum number of working hours) to qualifying workers, reflecting the hours worked in a particular reference period. If a worker is only needed for a temporary demand, it will be possible to offer fixed-term guaranteed hours, provided it is reasonable to do so, but the scope of this exemption is still uncertain.

Employees will also be entitled to receive 'reasonable notice' for shifts, shift changes or cancellations, and if short notice is given, compensation will be payable. Although this change is not in force until next year, it is likely to have a real impact on seasonal working. More planning will be required from employers to avoid last-minute changes which could give rise to claims for compensation. We have written about this in more detail in 'Employment Rights Act 2025: spotlight on changes to zero-hours contracts'.

In anticipation of these changes, now is a good time for employers to review their existing systems and processes. They should ensure they have the appropriate technology and record-keeping in place to track hours worked over reference periods, identify when guaranteed hours obligations arise, and proactively manage shift allocation and cancellations.

UK and overseas workers

Whilst some estates rely on UK-based workers, many will use overseas labour under the Seasonal Worker Scheme. The number of visas issued under this scheme is set annually and can change from year to year, making early workforce planning essential (see here for DEFRA's latest allocation). Employers sponsoring overseas workers must pay the National Minimum Wage (NMW) for at least 32 hours per week, as well as comply with other sponsor licence conditions, such as record-keeping, reporting and observing restrictions on the type of work that can be carried out.

Health and safety

Health and safety is another key consideration. Seasonal workers may be inexperienced, unfamiliar with equipment, or working in challenging conditions, but estates still owe them a duty of care under legislation such as the Health and Safety at Work etc. Act 1974. Estates must carry out appropriate risk assessments, provide training and supervision, and ensure that safety standards are not relaxed simply because the workforce is temporary.

Pay and accommodation

Care should be taken to comply with NMW requirements, particularly where pay is productivity-based or deductions are made. For this reason, employers should be mindful of limiting deductions from wages for accommodation, as a failure to take these into account could inadvertently reduce pay below the NMW.

On the point of accommodation, many estates will provide accommodation for seasonal workers, but even where accommodation is only short-term, it must be safe, suitable and compliant.

Modern slavery risks

Unfortunately, agriculture and food production remain high risk sectors for modern slavery and labour exploitation. Over the past year, there has been a significant increase in workers seeking support in relation to poor living conditions, underpayment and bullying.

Employers should, therefore, be particularly cautious when using third party recruitment or labour providers. Where a labour provider provides workers to specific regulated sectors, including agriculture and food processing or packaging, employers should ensure the provider holds a valid licence from the Fair Work Agency. Conducting due diligence on labour supply chains is essential, including understanding who recruits workers, what fees are charged, and whether there is effective oversight.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, April 2026