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2. Scottish Agricultural Wages Board
Why a Review?
2. The Scottish Agricultural Wages Board ( SAWB) is an executive Non-Departmental Public Body ( NDPB) established under the Agricultural Wages (Scotland) Act 1949. The functions of NDPBs are normally reviewed at least once every five years and the last review involving the SAWB was conducted in 2004-05. This review was announced as part of the First Minister's statement on 30 January 2008 on simplifying public services. Ministers have decided that a full consultation exercise should be carried out covering the minimum pay and conditions arrangements for agricultural workers in Scotland and the role of the Scottish Agricultural Wages Board.
What does the Scottish Agricultural Wages Board do?
3. Wage-fixing machinery in the agricultural industry in Scotland has been in place in various forms since 1917. The Agricultural Wages (Scotland) Act 1949 consolidated the regulatory Acts of 1937 and 1940 and provided for the establishment of the Scottish Agricultural Wages Board. Under the 1949 Act and its subsequent amendments, the Scottish Agricultural Wages Board is empowered to make Orders fixing minimum wage rates, holiday entitlement and other conditions of service for agricultural workers in Scotland.
The expression "agricultural workers" covers agriculture and horticulture including market gardens, gardens and nursery grounds, but excluding private or ornamental gardens from which no more than a small amount of product is sold. It also applies to foresters and workers in certain types of fish farming.
4. The Board is an autonomous body comprising:
- five independent members appointed by Scottish Ministers;
- six members representing the interests of employers, five nominated by the NFU Scotland and one nominated by the Scottish Rural Property and Business Association; and
- six members representing the interests of workers, nominated by Unite the Union (formerly the Transport and General Workers' Union).
How are the Board's Orders enforced?
5. Enforcement is carried out by officers appointed by the Scottish Ministers. These officers are authorised to carry out inspections of wage records, and to require workers and employers to give information about workers' wages and conditions of employment. Enforcement procedures fall into two categories. Routine inspections are carried out on a sample of agricultural holdings each year and in the vast majority of cases, show wages and other conditions to be in accordance with the appropriate Wages Order. In cases where problems do emerge, more detailed investigations are carried out. Investigations may also be initiated as a result of a complaint about alleged non-compliance with the terms of the Wages Order.
6. In cases where arrears of pay are considered to be due to a worker, employers are given the opportunity to pay such sums via the Directorate. Failure to do so may result in the case being referred to an employment tribunal or where there is a wilful refusal to pay the minimum rate, criminal proceedings can be taken.
7. These arrangements are consistent with National Minimum Wage enforcement procedures.
How much does the Board cost?
8. The associated costs of running the Board and enforcing its Orders amount to around £130,000 per year.
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