Seasonal migrant workers in Scottish agriculture: research report

6. Conclusion and Recommendations

Key conclusions

Scotland experiences insufficient domestic workforce resulting in high dependency on migrant workers.

There are challenges to every method of collecting data on the number of seasonal migrant workers in Scottish Agriculture in a given year. Since 2017 estimates from various sources have ranged from 7,500 to 9,255. This research conducted a number of modelling approaches using secondary data and primary data. The preferred modelling approach derived an estimate of 6,570 seasonal migrant workers in 2021, including EU settled status workers. There are various limitations with all existing estimates on the number of seasonal migrant workers in any given year due to data limitations such as gaps in data and limited samples.

Recruitment of migrant workers is complicated by the seasonal nature of the work and by competition for labour with other sectors and other countries.

Respondents worked for an average of 43 hours in a typical week. 53% of seasonal migrant workers were happy with the number of hours they work, whilst 46% would prefer more hours.

Workers reported they were paid on average £10.22 per hour.

Accommodation was usually provided by employers, and accommodation provision costs tended to be deducted from pay. On average, seasonal migrant workers paid £62 per week for their accommodation, although costs ranged from £30 to £300.

Around half of workers were returnees (53%) and around half (47%) were non-returnees. Returnees had most commonly worked previously in Scottish agriculture for around three to five years.

This chapter starts by reiterating the importance of seasonal migrant labour to a sub-section of the agricultural sector in Scotland. The next sections include key findings relating to each of the four research aims. Recommendations stemming from this research are included at the end of the chapter.

6.1 Importance of seasonal migrant labour to the agricultural sector

Literature highlights that the agricultural sector in Scotland experiences insufficient domestic workforce resulting in high dependency on migrant workers. It also shows the fluctuations in worker numbers, due to schemes and regulation for movement of labour at a UK-level and the economic context in home countries.

All stakeholders stated that seasonal migrant workers were in high demand within the agricultural sector in Scotland and the wider UK. As found in the evidence review, the main reason for this demand was lack of availability of non-migrant seasonal workers. Indeed, at the time of this research, official statistics show:

• Record lows in unemployment rates in Scotland,^[3]
• Lower unemployment rates in Scotland than for the rest of the UK,^[4]
• More residents in rural Scotland are in work with employment rates higher than in the rest of Scotland.^[5]

Interviews highlighted how demand, or even dependency, on seasonal migrant workers applied to farms planting and harvesting the type of crops which could not be mechanically harvested. Indeed, most workers responding to the survey were employed in the fruit sector (81%).

Technological solutions cannot currently solve the labour shortage gap. In the meantime, the risk is that without the right amount of labour, at the right time, these types of farms become unviable in Scotland.

In their survey responses, employers of seasonal migrant workers reported serious negative consequences for their businesses should they not be able to access this type of labour. This included downscaling their business, focussing on non-agricultural activities, switching to other agricultural activities (for example, cereals or livestock) and ceasing current activity.

However, economic factors are not the only consideration in helping this part of the agricultural sector stay viable. Sourcing local food also has environmental and food security drivers.^{[6] [7]}

6.2 Number and demographic qualities of agricultural seasonal migrant workers in Scotland

Modelling for this research gives a range of estimates for the amount of seasonal workers in Scottish agriculture in 2021. When including EU Settled status workers the preferred modelling technique derives an estimate of 6,570 seasonal migrant workers. There are a number of challenges involved in reaching a definitive figure.

Thomson et al. (2018) estimated 9,255 seasonal workers, mostly originating from the EU, were used on Scottish farms in 2017. The Scottish Agricultural June Census estimates 8,003 seasonal and casual workers in 2021, and shows a downward trend in numbers in 2020 and 2021. Accounts by National Farmers Union Scotland (NFUS) confirm the downward trend in 2021 in migrant numbers shown in the Scottish Agricultural June Census. Based on information collected during the Coronavirus (COVID-19) pandemic for public health reasons, in 2021 the Scottish Government's Science and Advice For Scottish Agriculture (SASA) division compiled an unpublished estimate of between 7,500-9,000 Seasonal Farm Migrant Workers in Scottish Agriculture workers during any one season.

Without comprehensive data that is collected the same way each year, Scottish Government cannot establish trends and connect world events or UK migration schemes to any change in numbers.

Previous studies focus on shifts in demographics, especially country of origin of workers. Large proportions of workers responding to the Worker Survey in this research were from Romania, Bulgaria and Ukraine (21%, 18% and 17% of survey respondents). Participant ages ranged from 18 to 62, with an average age of 33 years.

Most workers were men, however there was a high prevalence of female migrant workers (42% survey respondents). The pen portraits highlight the lived experience of three female seasonal migrant agricultural workers. Literature confirms that numbers are hard to establish.

6.3 Experiences of employers in the sector

The evidence review highlighted the fluctuations in migrant workers due to schemes and regulation for movement of labour at a UK-level and the economic context in home countries.

Stakeholders interviewed explained that there were both benefits and disadvantages to labour recruitment through agencies. Benefits, in the view of employers, were ease and recruitment agencies working well with them where they had an established relationship. Negatives included less direct interaction with workers than recruiting directly. All those interviewed, including employers and recruitment agencies, called for more notice on any restrictions and quotas.

Studies in this area highlight that recruitment has UK-based and home-country based dimensions. These involve various agencies beyond the employer and the worker themselves. In essence, there is a whole network of interested parties in recruiting and retaining migrant work. The relationship between farms (as employers) and workers is not the only relationship of importance.

Studies explain that recruitment is complicated by the seasonal nature of the work, for example weather dependency. It is also impacted by competition for labour with other sectors (outwith agriculture) and other countries (outwith Scotland).

In summary, employers are dealing day to day with managing their farms, their crops and their resources in order to fulfil orders. Labour restrictions represent a significant risk to this sub-set of the agricultural sector.

6.4 Experiences of agricultural seasonal migrant workers

The evidence review highlighted wider concerns about the exploitation of seasonal migrant workers in the UK. At the same time there was little primary research with agricultural seasonal migrant workers in Scotland. Within this research project, stakeholders reflected that managing volatility day to day had implications for workers. On one hand, they may be needed to work overtime and could earn extra through productivity, or alternatively not have tasks to deliver and not find the opportunity to top up the minimum pay. This was seen to affect satisfaction with their experience working in Scottish agriculture.

Primary research with workers provided key details on their tasks, hours, pay and accommodation.

Tasks depend on whether they are a returnee:

• Those in Scotland for their first year carried out a different range of tasks compared to those with any previous experience.

Hours vary:

• The worker survey found that respondents worked for an average of 43 hours working in a typical week.
• Just over half (53%) of seasonal migrant workers were happy with the number of hours they work whilst 46% would prefer more hours.
• Stakeholders explained that due to weather and supply chain factors, the actual volume of work could be hard to predict and subject to change. Employers confirmed that matching labour need to labour availability on-site was a continuous challenge for farms.
• These findings point to the potential benefits of providing options for labour sharing across farms, for example for those workers who wish to work more hours.

Pay amount and coverage varies:

• For employers of seasonal migrant workers, the survey found pay ranged from £8.91 to £13.75 per hour.
• Workers reported they were paid on average £10.22 per hour.
• However, looking at the pay itself does not provide the full picture. The worker survey found accommodation was usually provided by employers, and accommodation provision costs tended to be deducted from pay.
• On average, seasonal migrant workers paid £62 per week for their accommodation, although costs ranged from £30 to £300.

Workers shared their reasons for coming to work in agriculture in Scotland. They reported the most positive/beneficial aspect of working in Scottish agriculture was the ability to earn a good income.

Challenges with language were reported by workers, and for context the Seasonal Workers Programme is one of the few visas that does not have minimum English language requirements.

6.5 Long-term prospects and viability of the industry

Literature highlights that the recruitment of seasonal migrant workers has both UK-based and home country-based dimensions. These involve various agencies beyond the employer and the worker themselves.

As outlined above, recruitment is complicated by the seasonal nature of the work, for example weather dependency. The task is also subject to competition for labour with other sectors (outwith agriculture) and other countries (outwith Scotland).

Two out of five respondents to the worker survey had found their employer through a friend or family member. Less than a fifth saw an advertisement/social media/website to find their current employer. This indicates the importance of word of mouth and recommendations from trusted individuals.

Around half of workers completing the survey were returnees (53%) and around half (47%) were non-returnees. Returnees had most commonly worked previously in Scottish agriculture for around three to five years.

Employers seek repeat workers coming back year on year where possible. They are familiar with the set-up of the farm and their working conditions. As shown above, ensuring a positive experience is important to attract returnees, and to recruit further workers through their trusted networks of friends and family.

Stakeholders emphasised how they valued seasonal migrant workers as people who were conducting physically demanding tasks, away from their home country and friends and family, and often without strong levels of English language.

Farmers touched upon their responsibility as employers for not only pay and work, but workers' living conditions and their well-being. Measures such as inspections, audits, and the competition for labour were seen to have led to improvements. The industry depends a great deal on returners, and on word of mouth and recommendations from trusted individuals. Therefore, the standard of accommodation is critical to maintaining an adequate supply to seasonal workers.

From primary research with workers, these areas for improvement stood out:

• Accommodation and its costs (as 13% were unsatisfied with their accommodation and 15% with its cost). For nine out of ten workers, accommodation was arranged by their employer.
• Awareness and support for workers experiencing debt (as 50% of workers had come to Scotland based on borrowing loans or credit).
• Further support for language barriers (as 31% experienced these).
• Any support with enabling regular communication with friends and family in their home country (as 62% placed this as the biggest challenge of working in Scotland).

The qualitative information from this research project supported efforts to apply the Fair work dimensions to seasonal migrant agricultural work.^[8] Fulfilling these dimensions for as many workers as possible could help Scottish agriculture differentiate itself from other types of employment, and agricultural employers in the rest of the UK (see table 6.1).

Table 6.1: Fair work dimensions and their implications for long-term prospects

Dimension: Opportunities

Explanation: Fair Work to be available to everyone

Implications:

Fair Work applies to seasonal and/ or migrant workers. Fair Work should be at the forefront of practices of UK-based recruitment agencies supplying labour to Scotland. Fair Work should, as far as possible, feature in the recruitment practices to source labour in home countries.

Dimension: Security

Explanation: Security of income

Implications:

Income is a key motivation for leaving home countries and a key motivation for working in Scotland in the agricultural sector.

Income levels are important to satisfaction with working in Scotland. Deductions, such as for accommodation, can affect take home wages. Therefore, recruitment agencies and farms should be as clear as possible on wages and what is including and not including for living costs.

Many seasonal migrant workers arrive in debt and therefore will have to build up this sense of security as they work and earn. All parties involved, from the governments setting migration policy, to the employers should be considerate of insecurity of income experienced by workers, certainly on their arrival.

Pay levels set by the Scottish Agricultural Wages Board are crucial.^[9] Third sector support should be considerate of the pressures on workers due to insecurity of income.

Dimension: Effective voice

Explanation: Having a say at work

Implications:

Multiple-language provision is key for information on working and living conditions and contracts.

The UK Government may wish to consider whether any scheme for agricultural migrant workers should include minimum English language requirements. Employers should continue to find ways to welcome suggestions from workers (in their own language) and make improvements where possible.

More targeted and quality recruitment in fewer number of countries may minimise some of the difficulty in communication barriers on the farm.

Third sector support or paid for services may be necessary to make this possible for all nationalities and English language levels of people coming to Scotland. This would rather be than relying on workers to translate for other workers.

Dimension: Fulfilment

Explanation: Supportive workplace relationship

Implications:

Wider provision by employers for workers such as access to local services, spaces and places to socialise and eat are all important to driving satisfaction. Although the wider literature calls for more integration of the migrant workforce into communities, it should be noted that agricultural seasonal migrant workers are usually based on farm, always in rural and sometimes in remote areas. As such the supportive workplace relationships are crucial to a positive experience of living and working in Scotland.

Dimension: Respect

Explanation: Dignified treatment

Implications:

Further promotion of support available to agricultural seasonal migrant workers is the responsibility of any organisation interacting with these workers.^[10] Employers have responsibility to treat their workers with dignity. Likely if workers do not feel they receive this they will not return to the farm or the sector.

6.6 Recommendations

This report recommends continued joint efforts between private, public and third sector stakeholders to further improve the experience of workers in line with Fair Work dimensions. In addition, recommendations for specific organisations are outline below.

UK Government should:

• Consider the Scottish agricultural sector in future policy making.
• Ensure sufficient notice is given of any changes to visa schemes which apply to Scotland. This should be given by December the preceding year.
• Closely involve Scottish agriculture, and its representatives, in shaping future schemes. This will ensure that measures put in place are informed by an evidence and experience based. Evidence suggests that there are potential benefits of providing options for labour sharing across farms.
• Communicate any restrictions due to schemes for each year to employers, intermediaries and workers. This will help lead in time and mitigate risks to businesses.
• Consider whether any scheme for agricultural migrant workers should include minimum English language requirements.

Scottish Government should:

• Gain key data year on year directly from farms on numbers of seasonal migrant workers. This data could, with data sharing agreements in place, be cross-referenced with statistics on labour distribution by recruitment agencies.
• Promote existing support and clarify that the support available to agricultural seasonal migrant workers is the responsibility of any organisation interacting with these workers.^[11]
• Scottish Government should consider how the "tolerable standard" regulations could be applied to temporary accommodation and who would be best placed to do the inspections. The tolerable standard is detailed in the Housing (Scotland) Act 1987. The Act lists the criteria that a dwelling house must satisfy in order to meet the tolerable standard. The tolerable standard is a minimum standard and applies to all residential dwellings including social and privately rented homes and owner-occupied properties, but currently not temporary accommodation. The local authority can take action where a house does not meet this standard. Employers pointed out that on-site accommodation for workers is currently regulated, with checks regularly undertaken by labour providers and even by large buyers of produce to establish if they deem it as of sufficient standard. However, there is currently no regulated reasonable standard as defined by Scottish Government or checked by a public body or regulator.

Recruitment Agencies should:

• Offer more targeted and quality recruitment in fewer number of countries to minimise difficulty in communication barriers on the farm.
• Be as clear as possible on wages and what is included/ not included for living costs.
• Ensure Fair Work is at the forefront of practices of UK-based recruitment agencies supplying labour to Scotland.
• Ensure Fair Work features in the recruitment practices to source labour in home countries.
• Promote existing support and clarify that support available to agricultural seasonal migrant workers is the responsibility of any organisation interacting with these workers.^[12]

Employers should:

• Always treat their workers with dignity.
• Consult the Fair Work First Guidance by Scottish Government and put it into practice on their farms.^[13]
• Be as clear as possible on wages and what is included/not included for living costs. Third sector support or paid for services may be necessary to make this possible for all nationalities and English language levels of people coming to Scotland.
• Continue to upgrade on-site accommodation, including shared areas. Involving workers in making suggestions for improvement could help employee engagement. Where possible, budgets should be set aside and plans made for improvements.
• Provide support with enabling regular communication with workers' friends and family in their home country. Where possible, steps could include improving broadband access, providing desktop computers or gifting phone credit.
• Promote existing support and clarify that support available to agricultural seasonal migrant workers is the responsibility of any organisation interacting with these workers.^[14]

Support Organisations should:

• Be considerate of the pressures on workers due to insecurity of income.
• Offer support around the pressures on workers due to insecurity of income. Possible collaboration with debt advice organisations may be beneficial to inform this support.
• Offer anonymised feedback from workers to give a broad picture of how experiences relate to the Fair Work Framework.