LABOUR/PROFESSIONAL SERVICES

SERVICES - LABOUR INCLUDED

Pre-Apprentice Labour Unskilled Semi Skilled Labour Overtime Rate HGV Driver Relief Pig Person Multi Skilled Labour Fencer Relief Dairy Person Cattle Feet Trimming (Inc. Mobile Crate) Sheep Shearing Mechanic On Site Blacksmith Electrician Potato Box Repair (On Farm Service) Builder Roughcaster Slater Joiner Shotblaster Pest Eradication (Rats/Mice/Rabbits/Moles) Agronomy Services Water Divining Agricultural Consultants Estate & Land Management Advisory Services Secretarial Services

£/HOUR

7.50 12.85 14.55 19.25 15.20 14.70

THE SUPPLY OF LABOUR INCURS A MINIMUM CHARGE OF EIGHT HOURS UNLESS OTHERWISE AGREED.

PLEASE NOTE, ANY ITEMS NOT PRICED ABOVE ARE PRICED ON APPLICATION (POA)

EMPLOYMENT STATUS:

When engaging staff, a worker’s employment status, either employed or self-employed is not a matter of choice. Companies such as Uber, Deliveroo & City Sprint have hit the headlines over recent years following tribunals to determine the employment status of their workers, that is to determine whether they are employee’s, workers or self-employed. In all cases tribunals have found that the ‘self-employed’ businesses were in fact employees & entitled to a greater range of entitlements such as sick pay & holiday pay.

So what does this mean for our member businesses? Well, you need to be clear about the

employment status of anyone working for you or risk being hit with a hefty PAYE and National Insurance bill as well as a raft of employment liabilities.

What level of control over the worker does the demanding business have? This is the

critical question members should be asking themselves before hiring a worker. For example, if it is a worker who provides services to you and is genuinely in business on their own account, provides those services to other customers and invoices for those services, then they are likely to be self-employed and you can pay them gross. Self-employed are not entitled to any other employment related rights or protections. However, it is still your responsibility to ensure that they are bona fide self-employed. This also means that even though they are self-employed for one type of work, this does not mean that they qualify for self-employment for all work. They must personally carry out the work (and cannot sub-contract out), then the relationship would not be seen as client – service provider but rather employer-employee and they would be entitled to at least the minimum wage, holiday and sick pay, pension and have tax & national insurance deducted at source.

It should be noted that a demanding business is still required to offer the same Health and Safety protections when self-employed workers or contractors are used on-site. Failure to do so may result in penalties related to turnover. For instance, a business turning over £2m may face a fine of £450,000 or a business turning over £50m could be fined up to £10m. Also, individuals found guilty of breaching the law can be handed unlimited fines or face a 2 year prison sentence.

AGENCY LABOUR PROVIDERS

There are several Employment Agency members supplying labour through the machinery ring; this method of supply provides the opportunity for members to engage workers without PAYE obligations as the Employment Business assumes responsibility for payment of the Agency Worker’s remuneration and where required by the Inland Revenue, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Agency Worker.

Workers supplied through agency labour providers are subject to the standard terms and conditions of the supplying company (available upon request) in place at the time of any staff placements. These terms are required to be signed before any staff can be supplied.

AGENCY WORKERS REGULATIONS (2010)

These regulations which came into effect in 2011, provide that all agency workers must have the same access to certain basic facilities including: canteen, toilets, vending machine etc, amenities and information from the first day of an assignment as provided to full-time workers. As a labour user you are required to ensure that any agency workers who are supplied to you by agency providers will receive the benefit of such amenities and facilities.

Additionally, following the completion of the 12 week qualifying period, agency workers are entitled to the same “basic working and employment conditions” that they would have been entitled to had they been recruited directly by the hirer, including pay rates, holidays, bonuses etc.

FOR FURTHER INFORMATION PLEASE CONTACT YOUR LOCAL RINGLINK OFFICE

“Ringlink Services have supplied casual labour to RH Brunton for the past 6 years. Growing potatoes & onions we need to adapt to seasonal variances causing our staff requirements to fluctuate and Ringlink have never let us down in supplying staff, even at a days’ notice. Ringlink provide reliable staff, respond quickly to our needs and offer the flexibility that our business requires.”

Hugh Brunton, Arbroath.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

Employers responsibilities to workers regarding the provision of Personal Protective Equipment (PPE) are changing from 6 April 2022 Health and Safety Law

The regulations and accompanying impact assessment extend employers and employees duties in respect of personal protective equipment to all workers engaged on your place of business (Including agency or casual staff)

What you need to know

What is PPE?

Health and Safety Executive

PPE is defined in the regulations as “all equipment (including clothing affording protection Health and Safety Law What you need to know against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective.” All workers have a right to work in places where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for health and safety, but you must help.

What does this mean for employers?

What employers must do for you

The Personal Protective Equipment at Work Regulations 1992 place a duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who This is a web-friendly version of the Health and Law A5 (print).indd 5 26/11/2015 09:55 may be exposed to a risk to their health or safety while at work.Safety Law leaflet published 04/09 The PPER 2022 extends this duty to workers and comes into force on 6 April 2022. Employers need to carefully consider whether the change to UK law apply to them and their workforce and make the necessary preparations to comply.

What does this mean for workers?

If a risk assessment indicates a worker requires PPE to carry out their work activities, the employer must carry out a PPE suitability assessment and provide the PPE free of charge as they do for employees. The employer will be responsible for the maintenance, storage and replacement of any PPE they provide, and as a worker, you will be required to report loss and defects in the PPE which is provided, use the PPE in accordance with the training and instruction provided, and ensure PPE is returned to the accommodation provided by the employer.

1 Decide what could harm you in your job and the precautions to stop it. This is part of risk assessment. 2 In a way you can understand, explain how risks will be controlled and tell you who is responsible for this. 3 Consult and work with you and your health and safety representatives in protecting everyone from harm in the workplace. 4 Free of charge, give you the health and safety training you need to do your job. 5 Free of charge, provide you with any equipment and protective clothing you need, and ensure it is properly looked after. 6 Provide toilets, washing facilities and drinking water. 7 Provide adequate first-aid facilities. 8 Report major injuries and fatalities at work to our Incident Contact Centre on 0345 300 9923. Report other injuries, diseases and dangerous incidents online at www.hse.gov.uk 9 Have insurance that covers you in case you get hurt at work or ill through work.

Display a hard copy or electronic copy of the current insurance certificate where you can easily read it. 10 Work with any other employers or contractors sharing the workplace or providing employees (such as agency workers), so that everyone’s health and safety is protected.

What you must do

1 Follow the training you have received when using any work items your employer has given you. 2 Take reasonable care of your own and other people’s health and safety. 3 Co-operate with your employer on health and safety. 4 Tell someone (your employer, supervisor, or health and safety representative) if you think the work or inadequate precautions are putting anyone’s health and safety at serious risk.

320

WORKERS PLACED DAILY THROUGHOUT 2021

DO YOU ALREADY CARRY OUT AN INDUCTION FOR ANY NEW WORKERS?

If the answer is no, then you need to think again. As a user of labour, demanders have a responsibility to give new workers a safety induction for working on their site with the relevant equipment. The induction should cover at least the following points:

• Name of person whom the worker reports to. • Workers duties and responsibilities. • Company’s Health & Safety policy. • Emergency exits and procedures where applicable. • Working hours, frequency and length of rest breaks. • Location of toilet facilities and amenities

See www.ringlinkscotland.co.uk for H&S induction form

“We have used Ringlink Services for over 20 years to supply skilled and unskilled labour for our Fertiliser packing operation at Dundee. The seasonal nature of our business is opposite to the general farming season which allows us to source experienced agricultural workers, many of whom return year after year. The flexibility of sourcing staff & utilising the machinery pool from Ringlink has allowed the business to go from strength to strength. Ringlink offer a great service, with the team often going beyond the call of duty to help when you need it most.”

Steve Briggs, Angus Horticulture. 41

Young people over school age and under 18 are known as Young Workers. There are special laws which are put in place to protect the employment rights of these young workers, in relation to health and safety, what jobs they can do, when and how long they can work.

These laws are extremely strict and as an employer, it is vital that they are adhered to or there are tough penalties for breaking them.

HEALTH & SAFETY

If you have a worker who is under the age of 18, you must complete a risk assessment in relation to health and safety before they can commence employment, paying particular attention to their age, experience, and other factors present that could be of risk.

If they are under school leaving age, you must also tell one of their parents about the risk assessment findings. This must include any risks that are identified, and measures that will be put in place to protect them.

WHAT WORK CAN BE DONE?

If the worker is over school leaving age and under 18, there are special restrictions on the type of work they can do. These include work which they are not physically or mentally capable of, which brings them into contact with chemical agents, toxic materials or radiation, and work involving health risks due to extreme cold, heat or vibration.

No person under school age can be employed in work other than light work, and they are not allowed to be employed in work which is likely to be harmful to their safety, health, development or that will affect their attendance at school.

HOURS OF WORK & REST BREAKS

If your worker is of school leaving age but under 18, the law states that they cannot work more than 8 hours each day or more than 40 hours each week. They must be allowed 12 hours rest between working days, and 2 rest days each working week. They are also entitled to a 30 minute rest break when they work for a consecutive 4 and a half hours. In addition to this, your worker would not be allowed to work between the hours of midnight and 4am, except in the most exceptional circumstances, and that they are supervised by an adult.

Any persons under school age cannot work during school hours, for more than 2 hours on any school day or for more than 12 hours in any week, for more than 2 hours on a Sunday or for more than 8 hours on any day which is not a school day or a Sunday. They also cannot work before 7am or after 7pm.

HOLIDAYS

If your worker is 16 or over they are legally entitled to paid holidays, just the same as workers over 18. For those working a 5 day week they are entitled to 30 days paid holidays under the Agricultural Wages (Scotland) Order (No69).

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It is a criminal offence to employ workers who do NOT have the right to work in the UK. You can be sent to jail for 5 years and pay an unlimited fine if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ didn’t have the right to work in the UK.

Under the 2006 Immigration, Asylum & Nationalities act, preventing illegal working is now a responsibility of all employers. The act covers permanent, full-time, part-time, fixed term & casual employees. In order to prevent illegal workers gaining employment, employers are required to check that ALL workers employed have recognised documented proof of their right to work in the UK before they commence employment.

RECOGNISED DOCUMENTS INCLUDE THE FOLLOWING:-

There are now multiple routes to verify someone’s right to work in the UK.

If your potential worker is a UK citizen then you must see the originals of the following documents, take copies and sign & date them.

• UK passport (can be out of date but the photograph should represent a good likeness of the applicant)

OR A COMBINATION OF 2 OF THE FOLLOWING:

• A UK Birth Certificate

• A Government issued document stating name & NI number ie P45 or P60

• A benefits office JSA card or letter

• A previous employers payslip

• A government issued letter proclaiming the employees residency and employability status

If your potential employee is a Non-UK citizen then the following routes are available to check their ‘right to work in the UK’

If the potential employee is an EU citizen and has ‘Settled or Pre-Settled Status’ then they should give you a ‘Share Code’. This along with their name & date of birth should be used to verify their right to work in the UK. This will give you a document you can print with their photograph and immigration status.

This can be competed at the following : View a job applicant’s right to work details -

GOV.UK (www.gov.uk)

If your potential employee has applied for ‘Status’ but has not yet been granted, they should have an application confirmation from the Home office. Their immigration status can be checked using the Employer Checking Service Use this service to ask the Home Office to check an employee’s or potential employee’s immigration status if they cannot show their documents or online immigration status.

THIS COULD BE, FOR EXAMPLE, BECAUSE THEY:

• have an outstanding appeal, review or application with the Home Office

• arrived in the UK before 1989 and do not have documents to prove their immigration status or right to work

YOU MUST ALSO ASK THE HOME OFFICE TO CHECK THEIR STATUS IF THEY HAVE:

• a digital or non-digital Certificate of Application that says you need to ask the

Home Office to check their right to work

• an Application Registration Card

All other potential employees should have a valid visa to work in the UK.

COULD YOU AFFORD THE FINE

www.gov.uk/view-right-to-work.

After the 1st July 2021, all Non-UK or Eire nationals will be treated the same when it comes to work & residency status no matter which country they come from.

For potential workers to access employment from the 1st July 2021 they should have a valid work Visa in place, prior to employment. These can be obtained through sponsorship via the PBS (Points Based System) for which you would need a Sponsor Licence or through a valid worker scheme such as the Seasonal Worker Pilot.

CHECK THAT:

• the documents aren’t expired (except UK passports, which can be expired) • photos in the documents are a good resemblance to the employee. • the date of birth on the document seems consistent with the employee’s appearance. • the visa covers the type of work they’ll be doing (including any limit on the number of hours they can work). • if two documents have different names stated, make sure there’s a good reason, eg. marriage or divorce.

There are example documents in the following guide from the UK Border Agency (UKBA).

The Government and the UK’s Border Agency have come down very hard in recent years concerning the employment of illegal workers. The penalty for employing an illegal worker is presently £20,000 per worker. It also carries a two year prison sentence.

The above information is a brief overview of the law and how it stands with employment of illegal workers. The following websites can take you through things step by step.

www.ukba.homeoffice.gov.uk www.gov.uk/legal-right-to-work-in-the-uk

WHILST ALL CARE IS TAKEN TO ENSURE ACCURACY THROUGHOUT THIS HANDBOOK,

NO RESPONSIBILITY CAN BE TAKEN FOR THOSE ACTING ON OR REFRAINING TO ACT ON THE INFORMATION CONTAINED WITHIN. The information above is subject to legislative change.

THE MODERN SLAVERY ACT 2015 & EXPLOITED WORKERS

Modern slavery & worker exploitation is a very real concern in the UK agricultural industry. Further to this we would urge all our demanders to be aware of this as a potential problem and to be able to identify any signs of worker exploitation and what to do if there is evidence of it.

Below is a list of some potential indicators but there are no set number of indicators that would point to a person being a victim of labour abuse.

The list of potential signs are grouped under the following headings on the GLAA website:

• Restricted Freedom

• Behaviours

• Working Conditions

• Accommodation

• Finances

• Appearance

For further advice on the above, please check out the Gangmaster & Labour Abuse Authority’s website which explains in more detail:

https://www.gla.gov.uk/who-we-are/modern-slavery

Should you be aware of or have ANY concerns about worker exploitation or labour abuse of any workers, then it is your duty to report your concerns to the relevant authority. Forced labour is still the most common type of modern slavery reported to the UK Modern Slavery helpline in Scotland during July - September 2019, with the highest recorded potential victim nationality being Bangladesh, as shown in Statistical Report on the right hand page. For more information see: www.modernslaveryhelpline.org or call the helpline on:

08000 121 700

To review Ringlink Services Modern Slavery statement in full go to:

http://www.ringlinkservices.co.uk/pdfs/Rslmodslavery2020.pdf

UK MODERN SLAVERY APRIL - JUNE 2021

Scotland

46 Calls relating to cases in Scotland 20 Online Reports 0 App Submissions 8 Cases of Modern Slavery 25 Potential Victims of Modern Slavery

Potential Victim Nationalities

Romania

Bulgaria

Scotland

1

2 4

Type of Exploitation

Criminal, 3, 38%

Sexual, 1, 12% Labour , 4, 50%

Webforms regarding cases related to Scotland more than doubled this quarter (20) as compared to the previous quarter (9), and calls related to cases in Scotland rose slighting this quarter, from 42 to 46. Interesting, there was only a slight increase in the number of victims indicated this quarter (25) as compared to quarter one (23).

6 Referrals to Police forces 0 referrals to Local Authorities

on modern slavery cases

12 10 8 6 4 2 0

Victim Demographics: Age, Gender

11

7

2

1 1 3

Male Female Unknown by Call Specialist Male Female Unknown by Call Specialist

GANGMASTERS & LABOUR ABUSE AUTHORITY (GLAA)

The Immigration Act 2016 is designed to address labour exploitation & abuse across the UK. Specialist GLAA officers have been appointed & trained to investigate cases of severe exploitation across the entire UK labour market. The Licensing scheme remains for labour suppliers & users in the Food Processing & Packaging, Agriculture & Shellfish gathering industries.

DOES YOUR BUSINESS UNDERTAKE WORK WHICH IS COVERED BY THE LICENSING SCHEME?

The GLAA regulates those who supply labour or use workers to provide services in agriculture, forestry, horticulture, shellfish gathering, food processing and packaging. The GLAA are responsible for ensuring that licensing standards are adhered to, and the businesses using labour providers are aware that they must only use licensed providers.

LABOUR USERS

The Gangmasters (Licensing) Act 2004 includes a number of criminal offences that apply to both labour providers and labour users. If you are supplied with labour and your business operates in the licensable sectors, you must only use GLAA licensed labour providers.

The following list outlines the minimum requirements:

• Check the GLAA register to see if your labour provider is licensed on www.gla.gov.uk • Co-operate with the labour provider to help ensure that they comply with the GLAA conditions. • Ensure that you provide a safe working environment. • Co-operating with them to ensure the site of work complies with health and safety legislation. • Ensure all workers have adequate and appropriate Personal Protective Equipment (PPE). • Ensure adequate arrangements have been made to provide welfare facilities including toilets, washing facilities and drinking water both on site and in the fields where it is required. • Having your agreement with your provider in writing. • Failure to comply can lead to fines of up to £5000, imprisonment or both.

GLAA ACTIVE SERVICE

The best way to keep up to date with your labour provider’s licence status is to register for the “active check” alerts service. This sends direct updates to keep you informed of any changes to your labour provider’s licence, such as a compliance inspection, additional licence conditions or a revocation. It’s very simple to sign up, you can make a check by calling the GLAA helpline on 0345 602 5020. Or you can check online, www.gla.gov.uk and follow these steps: • Register with the GLAA to get your own business checking account within their

Active Check Portal

• Search for your labour provider using their unique reference number (URN) • Confirm the details and check the person is named on the licence You can use your Government Gateway details from other Government services to enrol for the active check service.

LABOUR SUPPLIER OBLIGATIONS

• Register with the GLAA and obtain a licence, failure to do so is an offence which can lead to a £10,000 fine and imprisonment or both under the Gangmasters (Licensing) Act 2004. • Ensure that you comply with the licensing regulations at all times. • Ensure that safe working practices are in operation on all sites where you supply workers. • Ensure all workers have adequate and appropriate PPE. • Co-operate with the labour user to help ensure that they comply with the conditions that are set out by the GLAA. • Remember, it is your supplier licence that is at risk for failure to comply.

FURTHER INFORMATION

It is advisable and good practice to regularly visit the GLAA website www.gla.gov.uk or use the link from Ringlink (Scotland) Ltd web page www.ringlinkscotland.co.uk to keep abreast of the regulations. Within the GLAA website, there are many useful links to other websites to give advice to both the labour provider and the labour supplier. Advice is also given in several languages to ensure the facts are fully understood. If you have any questions about the GLAA and how it might affect you or your business please contact: communications@gla.gsi.gov.uk.

Whilst all possible care has been taken in compiling this Handbook, no responsibility for loss occasioned by acting on or refraining to act on the information contained in this Handbook can be accepted by the publishers or their agents. 51

NATIONAL LIVING WAGE & WORKPLACE PENSIONS

NATIONAL LIVING WAGE

Currently anyone aged 25 years & over is entitled to be paid at least the National Living Wage of £8.91 per hour. The Scottish Agricultural Wages Board (SAWB) rates mirror this for all workers aged 16 & over. If the worker is within their first 6th months of service this is payable up to 8 hours per day or 48 hours per week. Overtime at 1.5 x the minimum hourly rate is payable for any hours worked out with these parameters. After six months of service the worker is entitled to be paid the National Living Wage for up to 8 hours per day & 39 hours per week with Overtime payable thereafter.

From the 1st April 2022 the National Living Wage is increasing to £9.50 per hour and the Scottish Agricultural Wage Board rates for 2021/2022 will be the same.

I get a great service from the Ringlink team when sourcing temp staff, always ready to go out of their way to accommodate my requirements.

Michael Niven, Clova Farms, Murdrum, Carnoustie

IT PAYS TO LEARN

GET UP TO £200 TOWARDS THE COST OF A TRAINING COURSE WITH AN SDS INDIVIDUAL TRAINING ACCOUNT (ITA)

You could use the money to build the skills you need for a job. Or get some training to take your career to the next level. Whatever you want to do, there is a wide range of ITA approved courses on offer. You could receive up to £200 towards a single course or training episode per year. ITA funding could be right for you if you’re: • Aged 16 or over • Not in education or involved in any other SDS funded programme • Unemployed and looking to get back into work • Employed and earning less than £22,000 per year • Resident in Scotland And because it’s not a loan you don’t have to pay it back. Sounds good? Start searching for an ITA approved course and apply online. Applications open now - limited funding available so do not delay, see website below:

www.myworldofwork.co.uk/learn-and-train/sds-individual-training-accounts-ita

Page 43 – Labour Solutions • Remove “ E-newsletter sign up” from page. Re-instate the “For further information…” to be centred across the bottom of page. • Insert a couple of labour stats near the bottom of the page: o Ringlink’s total labour hrs for 2016 = 647,000hrs o Ringlink on average place 300 workers daily. Page 48 – Illegal workers continued • “Sign up to email invoicing” – too boxy in current design can this be included as an arc from the left of the page. Page 50 & 51 – National Living Wage & Workplace Pensions • Workplace Pensions – to feature entire content on page 51. • Include new graphic as shown if required as space allows. WORKPLACE PENSIONS An estimated seven million people in the UK aren’t saving enough for retirement. So having the right workplace pension is more important than ever. Automatic enrolment is the government’s initiative to address this. All employers with one or more employees have to meet the legal requirements and help employees save of their retirement. All eligible employees automatically become members of a qualifying pension scheme with a high enough level of contribution. Whilst all eligible employees must be enrolled into a qualifying pension scheme they can choose to opt out if they wish. RESPONSIBILITIES FOR THE EMPLOYER:

• Move “ IT PAYS TO LEARN” to bottom of page 50. • Remove first para: “ILA’s are excellent for workers….they need for the workplace” Reduced content should comfortably fit on page 50. Page 52

– Replace the Gleadell Advert with new version which includes the Ringlink Logo. Page 58 & 59 – Ringlink Internship Remove entire opening paragraph and replace with the following: “The land-based Internship programme is now in its fifth year and continues to prove highly successful in attracting young people into the rural sector. It allows them to see the full range of vocational opportunities that the sector can offer through a structured programme of training and mentoring.” • Opening para to be bold green font. • Intern Placement Overview – amend to read “ 26 weeks” • Amend to read: “Programme starts in June” • Three week Induction

• Workforce assessment • Provision and Automatic Enrolment into a qualifying scheme. • Facilitating opting out and refund. • Record keeping

EMPLOYEES QUALIFY FOR AUTO ENROLMENT IF THEY ARE:

• Aged between 22 years and state pension age. • Earning more than £10,000 per annum. • Working in the UK. EMPLOYER CONTRIBUTIONS ARE: 3% EMPLOYEE CONTRIBUTIONS ARE: 5% DON’T MISS OUT ON RECEIVING OUR REGULAR E-BULLETIN NEWSLETTER! LET US KNOW YOUR PREFERRED EMAIL ADDRESS FOR THE E-BULLETIN…WE’LL DO THE REST. EMAIL:LAURENCEKIRK@RINGLINKSCOTLAND.CO.UK 53