ABOUT THIS PAGE
Learn more about how to responsibly support seasonal workers in Scotland and meet employer obligations. This guide is for employers, scheme operators, and organisations working with seasonal staff.
What is seasonal work and who can do it?
The Seasonal Worker route is for workers aged 18 or over to come to the UK on a scheme to undertake seasonal work in the horticultural sector or the poultry production sector.
Seasonal Worker visa holders can work for:
- Up to six months in horticulture in any rolling 10-month period
- Up to three months in the poultry sector between 2 October and 31 December
Read about the Seasonal Worker visa.
Find out more about seasonal work in the horticulture sector (gov.uk).
Find out more about seasonal work in the poultry production sector (gov.uk).
Who employs seasonal workers?
The Seasonal Worker visa sponsor must be a scheme operator, which means being endorsed by the Department for Environment, Food and Rural Affairs (DEFRA) and licensed by the Gangmasters and Labour Abuse Authority (GLAA).
The scheme operator must also have a temporary worker sponsor licence.
A small number of workers are directly employed by scheme operators and pay their wages but it is not common practice in Scotland.
Helping staff settle into life in Scotland
Scotland offers a friendly and open welcome for those wanting to work and experience Scottish life.
There are lots of helpful information about our people and culture and what it is like to be a part of our welcoming society when you move to Scotland (scotland.org).
Here is a helpful before you move to Scotland checklist (scotland.org) for your prospective staff.
Employer responsibilities
Equal statutory rights
Seasonal workers have the same statutory rights as other workers. Employers should therefore follow standard employment practices when hiring seasonal staff. Remember the employer may be a scheme operator in some situations. Standard employment rights include ensuring minimum standards with pay, working time rules and health and safety.
Read about workplace rights and benefits for seasonal workers (scotland.org).
Read about pay for agricultural workers (sasa.gov.uk).
Contracts and pay information
Staff should be provided with a written contract in their first language as well as in English by their employer. The contract should include the terms and conditions of work including:
- The rate of pay
- Working hours
- Place of work
Employers should also provide payslips detailing how the pay is calculated and any deductions such as tax.
Read about seasonal worker employment rights (workrightscentre.org).
Employers can access information about rates of pay and terms and conditions for agricultural workers (sasa.gov.uk).
Preventing exploitation of workers
What is exploitation?
People can be exploited for labour, sex, criminality, and domestic servitude. This is called human trafficking (mygov.scot). The law in Scotland takes exploitation very seriously.
Why seasonal workers can be vulnerable
Most employers in Scotland follow the law and want to ensure their staff have a good experience in Scotland. However, seasonal workers can be vulnerable to exploitation due to their visa restrictions.
Your responsibility as an employer
Your organisation must comply with employment law when employing seasonal workers and prevent exploitative practices.
If you have used a recruitment agency to hire workers, you should ensure the recruitment agency is complying with employment law and look out for potential signs of trafficking and exploitation.
Signs of exploitation to look out for
Signs of trafficking and exploitation include staff who are:
- Unable to choose when or where they work
- Working very long hours over long periods
- Unable to negotiate working conditions
- Sexually exploited
- Forced to be a domestic servant
- Forced to commit criminal acts
You can read sector-specific guidance on labour exploitation (gla.gov.uk).
Practical steps to prevent exploitation
Practical steps you can take to prevent worker exploitation include:
- Asking agencies involved in the recruitment of your staff to provide a breakdown of staff pay calculations including deductions, agreed staff terms and conditions, and accommodation arrangements (including how this is funded)
- Asking agencies if loan arrangements are in place for seasonal workers and, if so, consider this as a potential sign of exploitation
- Checking staff payslips to ensure everything is in order
- Asking staff if they understand how they are being paid for their work
- Asking staff about their accommodation arrangements and reminding them that they can request information about any deductions for their accommodation from their wages
Advice and support for staff
You can signpost workers impacted by exploitation to information on workplace rights and benefits (scotland.org).
Staff can also get