Trade union Unite, which represents agricultural workers in England and Wales, have referred the UK government to the European Court of Human Rights over its decision to scrap the Agricultural Wages Board.

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The Wage Board negotiated pay and conditions for over 150,000 agricultural workers in England and Wales until it was scrapped with the end of the last Agricultural Wage Bill at the beginning of October. Introduced in the early Twentieth Century, alongside other trade boards aimed to protect workers in areas of 'sweated' labour, AWB's abolition came following a protracted and controversial process that began when the coalition government took power in 2010.

The Welsh government has attempted to bring in alternative measures to protect workers' pay. Workers in Scotland and Northern Ireland are still protected by those countries' wage boards.

Unite announced on Tuesday that it had filed an application with the Court in Strasbourg, arguing that the board's abolition represents "a stain on democracy". The union believes AWB closure breaches Article 11 of the EU Convention on Human Rights, as well as UN labour conventions to which the UK is a signatory.

The Welsh government and industry groups opposing AWB closure accused the government of using underhand tactics to push through the bill containing AWB legislation in late 2012 and again earlier this year.

Defra consultation documents acknowledge that the AWB's disappearance will result in a significant transfer of money from farm workers to their employers, and that workers will also lose leave time, sick pay and provisions to which they were entitled under the old regime.

Unite spokesperson Diana Holland said on Tuesday that the union believes "The abolition of the AWB by the Government is… a breach of basic human rights."

She continued, "There wasn't even a debate or a vote in parliament on the Government's proposal to abolish the AWB. The board was a vital mechanism for maintaining adequate living standards for agricultural workers. Our members in low-paid rural industries are facing a serious assault from a multi-million pound food industry backed by the Government."

Holland added that, in the wake of the board's closure, the union is determined to support working men and women to come together and bargain collectively in a bid to improve living standards. Although in England the NFU were vocal supporters of the government's decision, many Welsh farming groups opposed AWB closure, arguing it would exacerbate rural poverty and deter would-be entrants into the agriculture sector.

Unite has introduced various mechanisms, such as a wagewatch helpline, and pledged to monitor the post-AWB landscape for evidence of exploitative practices by employers in the board's absence.