English Tuesday 19th March 2024
In this blog post the LWA New Entrants and Training Team provide an update on changes to National Minimum Wage law which may impact some of our members who offer on-farm traineeships.
Finding routes into agroecological training can be a challenge, with few formal courses offering accessible training that properly equips participants for the challenges of working on and/or running an agroecological farm. At the same time, many experienced farmers running their own agroecological businesses (within a system which undervalues the true cost of food) lack sufficient income to pay trainees at minimum wage, but do have valuable skills and knowledge that they are able to share in exchange for work. In this context many informal on-farm “traineeships” have developed in which there is an exchange of work for training, accommodation, food and sometimes a stipend. Whilst this has been a valuable route into land work for many, it has also led to exploitative situations and there have been increasing questions over legal issues around “traineeships.”
Farms that have wanted to offer work-based training opportunities but were not in a financial position to pay trainees may have previously done so under the ‘family member exemption’. This exemption to National Minimum Wage (NMW) legislation was designed with au pairs and other domestic workers in mind, but may have been used on farms where trainees were living with host farms and treated as a ‘family member’. However, this exemption clause has led to cases of exploitation in both farm and domestic work contexts, and has also been found to be discriminatory because domestic workers are significantly more likely to be female. For this reason, the ‘family member exemption’ to NMW will therefore be removed by the government as of the 1st of April 2024. LWA has also received differing legal advice as to whether the ‘family member exemption’ was ever applicable to trainees living on farms.
In light of this legal change, in many cases a trainee on a farm could be classed as a ‘worker’ who is entitled to NMW, and therefore farms should review their training arrangements. To help both farms that want to deliver on-farm training as well as new entrants/ trainees, LWA has worked closely with an employment solicitor to put together a document outlining the legal framework to deliver on-farm training which you can access yma.
The LWA would like to acknowledge the difficult timing in providing members with this information; many farms have already advertised and recruited trainees for the growing season starting in March/ April, without being aware of the legal position. LWA has moved as quickly as possible on this issue and prioritised it as an urgent piece of work, while remaining conscious that it presents the information only after gathering in-depth consultations with solicitors. The New Entrants and Training Team also had an initial session at the AGM Winter Gathering in February, and from here took additional questions from members to the solicitors.
Is this relevant to on-farm volunteering?
The document outlines the different ways that farms could host volunteers on a farm, and recommends that farms hosting volunteers read through this carefully. In the case of volunteering as a Wwoofer, WWOOF are reviewing the legal requirements for farms to host volunteers, and will get in touch soon with their members on this issue.
What is LWA doing to support on-farm training going forward?
LWA is looking at how to support members to deliver accessible and effective training and also develop alternatives. This includes:
– Working with partners to investigate how to increase coverage of accredited training and apprenticeship offerings and how to make these routes accessible and viable options for learners and farms wishing to offer training.
– Working with partners to create supplementary and wrap-around content for current apprenticeships and accredited training courses, helping to make them more suitable for agroecological learners.
– Connecting trainers for peer to peer support – to join this network please email Ariana (England and Wales) ariana.chamberlain@landworkersalliance.org.uk or Clem (Scotland) clem.sandison@landworkersalliance.org.
– Engaging with new entrant landworkers to share relevant resources and opportunities and to invite input to our work around advocacy and policy
– Mapping career pathways for different sectors, to demystify these for new entrants. See pathways section of the website here.
– Developing a programme of “train the trainer” sessions to equip LWA members with the skills to be effective trainers and understand relevant laws and regulations
– Campaigning for policies that support the economic viability of agroecological farms so that they are then able to pay fair wages
– Campaigning for more accredited training programmes and apprenticeships in agroecology matched with funding which enables employers to pay a living wage.
