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

Part 7- Miscellaneous Conditions

Standby duty

22.—(1) A worker who is on standby duty shall, without prejudice to the application of any other provision of this Order, be paid 2 hours of pay at the appropriate rate specified at articles 5 or 6.

(2) For the purpose of this article standby duty occurs when an employer agrees with a worker that the worker will be contactable by a method agreed between the employer and worker, and able to reach the place where they may be required to work within a given time agreed between the employer and worker so as to be available for work or when a worker is required by their employer to wait at or near home for the employer to decide if the worker is needed or for any other purpose specified by the employer on a day–

(a)for each period of standby duty beginning at the beginning of a non-contracted day and ending at the beginning of the following non-contracted day.

(b)for each period of standby duty beginning at the beginning of a non-contracted day and ending at the beginning of the following contracted day.

(3) Where a worker, who has been on standby duty on a day on which they are not contractually obliged to work, is called upon by their employer to work on that day, the minimum hourly rate of wages payable to them for each hour so worked shall be calculated, as appropriate, in accordance with the formulae set out in articles 8, 9, 10(10) or 14.

Pension contributions

23.—The Employer will comply with the employer pension duties in respect of the Employee in accordance with Part 1 of the Pensions Act 2008.

Training in health and safety matters

24.—(1) A worker who is in continuous employment with the same employer shall, during each holiday year be entitled, and may be obliged by their employer, to attend for training on subjects related to their employment and which have a special emphasis on health and safety at work.

(2) The period of training which a worker is entitled, or may be obliged, to attend under this article may be undertaken in one or a number of courses throughout the holiday year, extending in total to 2 days.

(3) Where, in the course of any holiday year a worker is unable to attend for training by reason of injury or ill health or any absence authorised by the employer, the worker may exercise that entitlement, or be required to attend, within the first 4 months of the following holiday year.

Expenses of attendance

25.—(1) The cost of any training course of the kind specified in article 24 shall be borne by the employer.

(2) The employer shall reimburse the worker’s reasonable travel, subsistence and board and lodging expenses necessarily incurred in attending such a course.

Dog allowance

26.—(1) Where a worker is required for the performance of their duties to keep and feed a dog, their employer shall reimburse their costs by the payment to them of an allowance of no less than £9.98 per week.

(2) The allowance referred to in paragraph (1) above shall be payable for each of up to 4 dogs.

Weather protective clothing

27.—(1) A worker shall be provided, by their employer, with such of the following items of weather protective clothing as may be necessary for the proper performance of their duties-

(a) Wellington boots;

(b) PVC coat;

(c) PVC leggings;

(d) PVC gloves.

(2) Subject to paragraph (3) below, weather protective clothing provided in accordance with paragraph (1) above shall be kept in good repair, and replaced where incapable of repair and no longer fit for its purpose, by, and at the expense of, the employer.

(3) Weather protective clothing lost or damaged as a result of the fault or negligence of the worker to whom it was provided shall be repaired or replaced at the expense of that worker.

Time sheets

28.—(1) Subject to paragraph (2) below, every worker to whom this Order applies shall be provided by their employer with time sheets on which the worker shall record their daily hours of work or other activity in respect of which payment at a minimum rate under this Order requires to be made.

(2) This article shall not apply to an employer who operates an automatic system to record the working hours of their workers.

(3) Time sheets which have been completed and tendered by a worker to their employer shall be retained by the employer for 3 years.

Payment of wages

29. All wages payable to a worker in respect of any day in accordance with articles 5 to 9 shall be paid to them on the contractual pay day referable to that day.