The Agricultural Wages (Scotland) Order (No. 72) 2025

Part 4- Holidays and Bereavement Leave

Minimum Holiday Entitlement

10.—(1) Subject to the following provisions of this Part a worker is entitled in each holiday year to a minimum holiday entitlement of not less than the amounts shown in Table 3 below.

(2) Where a worker is contractually obliged to work a different number of days on different weeks, their contractual days of work for each week for the purposes of paragraph (1) shall be the average number of days they are contractually obliged to work during each period of 12 weeks; and that average number shall, where appropriate, be rounded to the nearest whole number, a half being rounded up to the next whole number.

(3) During the first year of their employment, the amount of days holiday a worker may take at any time in exercise of their entitlement under paragraph (1) is limited to the amount which is deemed to have accrued in their case at that time under paragraph (4), as modified under paragraph (5) in a case where that paragraph applies, less the amount of leave (if any) that they have already taken during that year.

(4) For the purposes of paragraph (3), holiday entitlement is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in paragraph (1) on the first day of each month of that year.

(5) Where the amount of holiday entitlement that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.

(6) Where the date on which the worker’s employment begins is later than the date on which their current holiday year begins, their holiday entitlement in that holiday year is a proportion of the period applicable under paragraph (1) equal to the proportion of the holiday year remaining on the date on which their employment begins.

(7) Where the holiday entitlement to which a worker is entitled is or includes a proportion of a week the proportion shall be determined in days and any fraction of a day shall be treated as a whole day.

(8) Where the employer and the worker are unable to agree when a holiday to which the worker is entitled by virtue of this article is to be taken, the employer –

(a)may give the worker 21 days notice of the time at which the holiday can be taken, and

(b)shall allow a holiday to be taken not later than the termination of the worker’s employment or the end of the holiday year whichever is earlier.

(9)In this article references to a worker’s total holiday entitlement means any such entitlement in excess of any entitlement to any holidays accruing to such a worker by virtue of the Working Time Regulations 1998, as amended.

(10) Where a worker and their employer have agreed in advance that a day shall be a holiday under this article, but the employer requires the worker to work on that day–

(a)for each hour worked on that day the worker shall be paid not less than a sum calculated in accordance with the following formula–

M x 1.5,

subject to a minimum payment in respect of that day equivalent to the value calculated in accordance with that formula, of 4 hours work, and

(b)that day shall not count as a holiday taken.

Special holidays

11.—(1) In addition to their minimum holiday entitlement calculated in accordance with article 10, a worker shall be allowed Christmas Day and New Year’s Day, as holidays in each holiday year paid in accordance with articles 5 to 9.

(2) Where any of the days mentioned in paragraph (1) above falls on a day on which, in another week, the worker would not be contractually obliged to work, the next following contractual day of work shall be allowed as a holiday.

Bereavement leave

12.—(1) In addition to any other entitlement under this Part, a worker shall be entitled to not less than 3 days paid absence at the time of a bereavement.

(2) For the purposes of paragraph (1) above–

“bereavement” means the death of a worker’s child, parent, spouse or someone they live with as if they are married to them; “parent” includes step-parent, adoptive parent and any persons in the position of parent; and “child” includes step-child, adopted child or child in the household of the worker.

Minimum payment for holidays and bereavement leave

13.—(1) A worker is entitled to be paid in respect of any period of leave to which they are entitled under article 10 above, at the rate of a week’s pay in respect of each week of leave.

(2)Sections 221 to 224 of the 1996 Act shall apply for the purpose of determining the amount of a week’s pay for the purposes of this article, subject to the modifications set out in paragraph (3).

(3)The provisions referred to in paragraph (2) shall apply–

(a)as if references to the employee were references to the worker;

(b)as if references to the employee’s contract of employment were references to the worker’s contract;

(c)as if the calculation date were the first day of the period of leave in question; and

(d)as if the references to sections 227 and 228 did not apply.

(4)Subject to paragraph (5) below, payment in respect of each day (or period of days) of holiday shall be made not later than the regular pay day immediately preceding the holiday.

(5)Payment in respect of each day (or period of days) of bereavement leave referred to in article 12 shall be made on the regular pay day following the bereavement leave taken.

Additional provision for special holidays

14.—Subject to the following provisions of the Order, where a worker is required by their employer to work on 25 December or 1 January they shall be paid, for each hour worked, no less than a sum calculated in accordance with the following formula–

(M + P) × 3,

and where the day is a day on which, in another week, the worker would have been contractually obliged to work it shall count as a holiday taken.

Untaken holidays

15.—(1) (a) Where a worker’s minimum holiday entitlement, in accordance with article 10, has not been taken by the end of the holiday year, they shall be paid no less than a sum calculated in accordance with article 13 above for each day not taken that is in excess of any entitlement to any holidays accruing to such a worker by virtue of the Working Time Regulations 1998.

(b)Payment of such a sum shall be made not later than the regular pay day next following 31 December.

(2)(a)Where a worker’s minimum holiday entitlement, in accordance with article 10, has not been taken before the date of termination of their employment in a holiday year, they shall be paid no less than a sum calculated in accordance with article 13 above for each day not taken.

(b)Payment of such a sum shall be made within 7 days following the date of termination of employment.