Blake Lapthorn's Immigration team can assist with the Seasonal
Agricultural Workers Scheme (SAWS) which enables farmers and
growers to employ immigrant seasonal workers.
The SAWS is designed to allow farmers and
growers in the United Kingdom to recruit low-skilled overseas
workers to undertake short-term agricultural work. The scheme works
on a quota basis. Farmers and growers who participate in the scheme
are allowed to employ a fixed number of overseas workers though the
scheme each year.
To fit within the SAWS regime, employees must
be a national of either Bulgaria or Romania.
The employees in the Scheme will be issued
with a work card. This work card gives them permission to work in
the United Kingdom for a fixed period of time. Participants will be
allowed to work in the United Kingdom under the scheme for up to
six months.
The scheme is managed by approved operators on
behalf of the UKBA who issue a fixed number of work cards to
operators each year.
SAWS workers will carry out low-skilled work,
including:
- planting and gathering crops
- on-farm processing and packing of crops
- handling livestock.
Workers will be paid at least the Agricultural
Minimum Wage and will be provided with accommodation by the farmer
or grower employing them.
requirements to recruit through the SAWS
You will be able to recruit seasonal immigrant
labour through the SAWS provided that:
- the work is seasonal and agricultural
- the work will last a minimum of five
weeks
- there is sufficient work available to make
the workers participation in the scheme worthwhile
- there is clean and sanitary accommodation
suitable for the number of workers being recruited
- workers will be properly supervised and
Health and Safety Executive legislation and regulatory requirements
will be met
- the placements provide a safe working
environment and have been risk assessed
- all workers are treated fairly regardless of
nationality or any other irrelevant factor.
You must comply with the terms of the
agricultural wages order for the relevant area of your premises,
this details the rates of pay, accommodation and other terms and
conditions within the agricultural and horticultural industry. You
can find full details of the agricultural wages order:
your responsibilities
If you are accepted on to the scheme you will
be the employer of any SAWS workers placed with you. As with any
resident seasonal workers you may employ, SAWS workers are subject
to the same legislation and regulation.
All employees are subject to the same tax and
national insurance rules as resident workers.
In certain circumstances you may be able to
loan out workers for a short period of time to other farmers or
growers. You will only be able to loan workers to/from other
farmers and growers who are contracted to the same multiple
operator. All moves must be authorised by the operator.
The responsibility for placing and moving SAWS
workers from farm to farm remains that of the operator at all time.
You should contact them in the first instance with any
questions.
recruitment
If you want to recruit seasonal immigrant
agricultural workers, you will need to choose the operator you want
to recruit your seasonal labour through so they can assess your
requirements and begin the recruitment process.
The operator is responsible for:
- sourcing and recruiting eligible workers to
take part in the scheme
- assessing and monitoring your ability to
provide suitable work placements and accommodation to SAWS
workers
- ensuring workers are treated fairly and
lawfully
- ensuring farmers and growers are provided
with people who are suitable to do the work on offer.
When you make a request for a seasonal worker
the operator you contact will need to visit your farm to assess
whether you meet the requirements of the scheme. If you have any
questions about the scheme, the operator should be able to provide
you with further advice during the visit or put you in contact with
someone who can answer your questions.
If the operator is satisfied with the visit
you will be accepted on to the scheme. You will be asked to sign a
formal written agreement with your operator. As a minimum, this
agreement will specify:
- your responsibilities and the responsibility
of the operator, particularly in relation to the health and safety
of workers and what will happen if you fail to meet the
requirements of the scheme
- all deductions or charges you intend to make
on SAWS workers including those not covered by the agricultural
wages order
- confirmation that the net wage complies with
the Agricultural Wages Order minima
- the internal grievance procedures you can
follow if you are dissatisfied with the service provided by the
operator.
The operator will periodically visit your farm
and speak to the SAWS workers. These visits will make sure the
requirements of the scheme continue to be met.
To ensure compliance with the scheme we may
also visit your farm to interview both yourself and your
workers.
