The future of the Seasonal Worker Scheme for horticulture and viticulture
The future of the Seasonal Worker Scheme for horticulture and viticulture
The horticulture industry, and viticulture in particular, has experienced increasing difficulties with recruiting seasonal workers since Brexit. Coupled with the projections for higher than ever grape yields, this challenge is only going to get greater as we move forward into 2025 and beyond.
Historically the industry relied on EU nationals to carry out the numerous seasonal tasks which characterize the wine making process. However, many of these roles don’t meet the requirements for a skilled worker visa. Arguably the biggest challenge faced by the industry is how to fill these short-term roles.
The Seasonal Worker Scheme
The Seasonal Worker Scheme was introduced in 2019 to address this on a temporary basis and has steadily expanded each year. There have been concerns, however, surrounding exploitation of workers and poor living and working conditions and no less than 3 recent investigations have been carried out by the Migration Advisory Committee, the House of Lords Horticulture Sector Committee and DEFRA.
The original Seasonal Worker Scheme was due to end at the end of 2024, but on 9 May 2024 DEFRA announced the scheme would be extended until 2029, bringing great relief for those it affects. For 2024, there will be 45,000 seasonal workers filling roles in horticulture through this scheme.
When he announced the new measures, DEFRA Secretary for State, Steve Barclay, said “Businesses do best when they can plan effectively for the future, which is why we’ve extended the seasonal worker visa route until 2029 to give farmers and growers the certainty they need to thrive.”
What is the Seasonal Worker Scheme?
The Seasonal Worker Scheme is a temporary worker route; a worker can only spend a maximum of 6 months in any 12-month period on this route.
It can only be used for seasonal roles which are not required all year round. This includes crop maintenance and harvesting, tunnel construction and dismantling, irrigation installation and maintaining, crop husbandry, packing and processing on the premises and supervising teams carrying out these tasks.
Unlike the skilled worker visa where the sponsor is the person’s employer; workers under the Seasonal Worker Scheme are sponsored by one of 6 approved scheme operators who are appointed by the Government.
These approved scheme operators have additional responsibilities placed on them due to the risks of exploitation of those working in these areas. For example, they must provide minimum employment terms, a minimum agricultural wage (where applicable) and hold a Gangmaster licence. They are responsible for health and safety, maintaining adequate standards of living accommodation and avoiding discrimination.
What are the benefits of the Seasonal Worker Scheme?
The main advantages are there is no minimum skill level for the role, there is no English language test requirement (unlike skilled workers) and the only pay requirement is the National Minimum Wage which from 4 April 2024 is £11.44.
What are the concerns surrounding the Seasonal Worker Scheme?
The Seasonal Worker Scheme isn’t a perfect scheme though. It’s a temporary worker route and the requirement process has to be undertaken each year. Due to the competitive nature of the spaces, this starts earlier and earlier each year to secure the required workforce for each harvest.
Additionally, training given to individuals is usually short lived as the person may not return to the site.
There is also uncertainty over whether some roles can be filled. As the sponsor, it is up to the scheme operator to decide whether a role is eligible under the scheme. Some vineyards have struggled to recruit certain roles through the scheme, even though the role appears to meet the requirements, because the scheme operator has refused to offer sponsorship.
What is the future of the Seasonal Worker Scheme?
With the recent announcement from DEFRA that the Scheme will be extended until 2029, the industry can breathe and focus on the upcoming harvest for 2024. However, this is only a temporary reprieve.
Prior to this announcement the Government had indicated that its focus would be on recruitment from within the UK and the development of technology and automation to support the industry. Their view is that robotic crop pickers will replace human pickers within three to five years and reduce the reliance on overseas labour. It is likely that to support this view, the quota for seasonal workers will gradually reduce between now and 2029. The Government has also announced up to £50 million of funding for new technology to support automation in the industry.
Recruiting overseas nationals can seem like a daunting process but, with the right advice and guidance, you can secure the talent you need. for further advice, please contact Charlotte Farrell and Tabytha Cunningham by emailing them at er@parissmith.co.uk or telephone 023 8048 2134.
To see a full list of the immigration services we provide for businesses, visit the Business Immigration section of our website.
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