Farming News - Legal dispute over Welsh workers' pay

Legal dispute over Welsh workers' pay

 

Dispute over the future of farm workers' wages in Wales has reached the Supreme Court today.

 

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Following the abolition of the Agricultural Wages Board, which governed pay rates and work conditions for agricultural workers in England and Wales until its formal closure in October 2013, the Welsh Government introduced emergency measures to freeze levels of pay and appoint a panel of advisors on agricultural pay.

 

However, before Cardiff could set any pay rates, the UK Attorney General challenged the Welsh government's authority, arguing that wage control is a non-devolved issue, and that the Welsh government's emergency measures overstep its competences.

 

The court hearing, which began on Monday 17th, is due to last two days.

 

UK government officials, backed by the NFU, maintain that the AWB was an anachronism and the decision to abolish the wage board will increase flexibility in the agricultural sector, bringing it into line with other areas of less-regulated work. However, Welsh AMs and trade unionists argue that the closure of the AWB amounts to a pay cut for workers in a dangerous industry, and a removal of graded pay scales that favours their employers.

 

AMs warn that loss of the AWB will widen the divide between rich and poor in the countryside, meaning many more workers and their families slide into rural poverty. They claim that, by turning agriculture into a 'minimum wage industry', the government risks exacerbating the problem of attracting new entrants into the sector.   

 

In its own consultation documentation, Defra acknowledges that the decision will result in a reduction of workers' pay, as well as loss of former entitlements to holidays and other provisions which were negotiated under the Agricultural Wage Order. The AWB negotiated on matters including sick pay, provision of appropriate clothing, tied in housing and conditions for working animals, as well as setting pay grades.

 

Attorney General Dominic Grieve wrote to the Welsh Assembly in August, challenging the emergency package, but AMs said they were confident the new measures are within their remit. The Welsh government stated that it will take whatever steps necessary to "ensure the future prosperity of the [farming] sector" in Wales.

 

The outcome of this week's hearing will impact upon over 13,000 workers in Wales. Although the NFU backed Whitehall's scrapping of the AWB last year, the Welsh farm industry was predominantly opposed to the move.

 

The devolved governments of Scotland and Northern Ireland have opted to keep their Agricultural Wage Boards.