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The Rights of Children and Young Persons (Wales) Measure 2011 places a duty on the �ʶ����� Ministers to pay due regard to the  when exercising any of their functions. 

Policy objectives 

The Agricultural Wages Order 2025 (“the 2025 Order”) will be implemented as part of the �ʶ����� Government’s broader Tackling Poverty agenda, aiming to support the growth and prosperity of rural economies and contribute to the overall �ʶ����� economy.

The main objectives of the Order are to:

• align wages with current economic conditions
• encourage skill development and retention in the sector, aiding career progression
• support the long-term viability of the industry by attracting young workers
• provide fair wages to workers and promote economic growth in rural communities within the context of the Tackling Poverty agenda.

The intended beneficiaries are all those working in or joining the agriculture sector. It should be noted the provisions of the Order apply to all workers aged 16 and over and sets minimum wages for all workers, ensuring they are not exploited when employed at a young age. All school children who work in the UK are protected by the provisions of the Children and Young Persons Act 1933. This places limits on both the types of work that can be undertaken, and the hours worked by a young person of compulsory school age.

The main objectives of the provision for young workers (aged 16 and over) within the Agricultural Minimum Wage (“AMW”) framework is to ensure they receive adequate pay and have an opportunity to gain valuable work experience. 

The minimum rates of pay for the five grades of Agricultural worker and apprentices are as follows: 

In the 2025 Order agricultural workers aged 16 – 17 years will be paid as a minimum the National Minimum Wage rate of £7.55 per hour. This continues to ensure young workers in agriculture receive a fair pay with a comprehensive package of additional employment benefits - including overtime rates, on-call allowance, night work supplement, housing offset and dog allowance – and to push the wage as high as possible without damaging employment.

The Panel have continued to retain the National Minimum Wage age bands for the lowest grade workers. An aim of the AMW regime is to encourage formal training including apprenticeships. The removal of the age bands could discourage employers from taking on young people if they had to pay them at the higher rate. There would also be less of an incentive for workers to complete apprenticeships. 

The grading structure is also designed in such a way that all workers, irrespective of age, should reach a level of Grade C within three years if they complete the relevant apprenticeship, or within 5 years if they do not take the apprenticeship path.

Key stakeholders such as the farming unions have expressed their support for retaining the provision for young workers within the AMW framework – the consensus being the provision encourages young people to gain valuable work experience and can help the industry gain future new entrants. Furthermore, the Panel were of the view setting hourly pay rates helps protect young workers and ensures their work is recognised and remunerated in accordance with their duties.

Grade A within the AMW framework is regarded as a transitional grade. The statutory provisions provide for Grade A workers to attend training that would allow them to move to a higher grade following 30 weeks of continuous employment, at the expense of their employer. This can represent a progression path for new entrants when they join agriculture. 

The policy intention of the Panel is to promote new entrants into the industry and offer favourable conditions to those wishing to join agricultural apprenticeship programmes. The provisions for apprentices and training within the Order support succession, skills development and skills retention within the industry – all of which are crucial for the future success of agriculture in Wales. It is imperative that provisions contained in the Order support career progression and the entry of young entrants to assist in gaining skills and qualifications, which can improve their job prospects in the future. 

The AMW in Wales may create a wages differential at some grades between Wales and England, potentially disadvantaging farmers who largely compete with producers based in England due to an increase in costs. However, such impacts are likely to be relatively marginal in overall terms and will not affect younger workers in the lower grades as the rates are set at National Minimum Wages levels. The economic impact of the new Order has been considered in the Regulatory Impact Assessment which will be published with the 2025 Order.

Gathering evidence and engaging with children and young people

There is no specific data on how many young people work as agricultural workers in Wales, but the number is expected to be low and likely consists of family members.

A 2009 BBC survey found around 30,000 young workers aged 13 to 16 in some form of employment across England and Wales, with only a small proportion in agriculture. There is no evidence that this situation has changed.

Representatives from YFC Wales and Coleg Cambria are part of the sub-committee for Skills Development and Training, providing expert views on the needs of young people in agriculture.

A targeted consultation on the proposed changes was conducted from 18 October to 15 November 2024. The proposals were available on the �ʶ�����Consultations webpage and emailed to a wide range of stakeholders, including organisations focused on children's interests. Despite accessible and equitable opportunities for young people to participate, no responses were received from these organisations.

Due to the lack of evidence, the impact of the Order cannot be quantified with certainty. However, the changes are expected to have a positive impact on children and young people.

Analysing the evidence and assessing the impact

All school children who work in the UK are protected by the provisions of the Children and Young Persons Act 1933. This places limits on both the types of work that can be undertaken, and the hours worked by a young person of compulsory school age. Young workers over the age of 16 are subject to the National Minimum Wage framework however this does not set statutory minimum rates for young workers under the age of 16.

In maintaining the provisions of the Agricultural Minimum Wage framework and increasing pay rates for agricultural workers, including young worker and apprentices, the �ʶ����� Government’s assessment is that the work helps to realise and enhancethe following rights with regards to the UN Convention on the Rights of the Child [“UNCRC”]:

Article 1 – Everyone under 18 years of age has all the rights in this convention.
Article 2 – The Convention applies to everyone whatever their race, religion, abilities, whatever they think or say and whatever type of family they come from.
Article 3 – All organisations concerned with children should work towards what is best for each child.
Article 4 – Governments should make these rights available to children.
Article 12 – Children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account.

These articles focus on the wellbeing and consideration of children. The statutory provisions ensure these rights apply to all workers aged 16 and over. The Order sets minimum wages to prevent exploitation of young workers. It also aligns with UK employment laws that limit working hours for children during school terms and holidays.

The Order covers all workers aged 16 and over, including migrants and immigrants. A 2022 provision recognises equivalent qualifications from outside the UK, ensuring migrant workers have the same rights as UK-born workers.

The main goals for young workers under the AMW framework are to ensure fair pay and provide valuable work experience, supporting Articles 3 and 4.

In the October 2024 consultation, there were no specific comments on children's rights. Although children’s and young farmers' groups were consulted, none responded. Section 6 lists the organisations that received the consultation document. Due to the lack of responses, the Panel plans to improve engagement with these groups. Representatives from YFC Wales and Colegau Cymru are on the sub-committee for Skills Development and Training. This sub-committee is preparing a report on careers education and training for agricultural, horticultural, and forestry workers, following a "Call for Evidence" in early 2024.

These efforts will support and promote Article 12.

Article 6 – All children have the right of life. Governments should ensure that children survive and develop healthily.
Article 27 – States Parties recognise the right of every child to a standard of living adequate for the child’s physical mental, spiritual, moral and social development.

The Order ensures farm workers' wages are protected, which helps prevent the children of farm workers from living in poverty. It also supports young workers and their career growth.

Under the AMW framework, agricultural workers receive benefits and salaries that are always higher than the National Minimum Wage.

Article 29 – Education develops each child’s personality and talents to the full. It should encourage children to respect their parents and their own, and other, cultures.

The AMW framework includes provisions that link pay levels to qualifications and experience, and a pay matrix for apprentices. These provisions help young people build meaningful careers in agriculture and offer opportunities for education and skill development in their chosen fields.

The AMW system supports young people in agricultural education schemes in Wales. It helps with succession planning, skill development, and skill retention in the industry. Additionally, it provides fair pay for young workers, allowing them to gain valuable work experience in farming. This experience can enhance their appreciation for farm work and their rural cultural heritage.

Article 32 (1) – State Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

Article 32 (2) – State Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, State Parties shall in particular:
a)    Provide for a minimum age or minimum ages for admission to employment;
b)    Provide for appropriate regulation of the hours and conditions of employment;
c)    Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Setting hourly pay for young people under the AMW framework ensures their work is recognised and fairly compensated according to their duties. This helps protect vulnerable young workers from exploitation, in line with Article 32 of the UNCRC. Additionally, setting minimum pay levels acknowledges the contributions of young workers to the economy and agricultural production. It also provides rewarding and valuable work experience, helping them secure future employment opportunities.

�ʶ����� Ministers are responsible for enforcing the applicable AMW rates. Any complaints about potential breaches of the statutory regime are investigated. If a breach is found, the �ʶ�����can require the employer to pay any confirmed underpayment to the worker. This enforcement mechanism applies to all categories of workers covered by the 2025 Order, including young workers and apprentices.

Article 36 – State Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare

The AMW framework safeguards young workers by providing appropriate hourly pay for young workers and apprentices. It supports skill development and career progression for everyone employed in agriculture in Wales. The Order's provisions align with UK laws that limit working hours and types of work to ensure young workers' health, welfare, and education are not compromised.

Separate pay rates for young people achieve several goals. They ensure young workers receive fair pay that acknowledges their contributions in farming. This also helps them develop agriculture-related and transferable skills, leading to better future employment and education opportunities.

The Agricultural Wages Order 2025 will not affect young people from the EU, EEA, or Switzerland. Their rights are protected by the Citizens Rights Agreements. The minimum wage rates and other terms and conditions apply to all agricultural, horticultural, and forestry workers employed in Wales.

Ministerial advice and decision

The Deputy First Minister with responsibility for Rural Affairs has been informed of the outcome of the consultation exercises on the new rates. Respondents to the consultation provided no specific comments on children’s rights. Children’s groups and young farmer groups were targeted during the consultation period, but none responded. A list of bodies / organisations for children and young people who received the consultation document is in Section 6.

The new Agricultural Wages Order is expected to come into force on 1 April 2025.

Communicating with children and young people

Representatives of both YFC Wales and Colegau Cymru are members of the Agricultural Advisory Panel’s  sub-committee for Skills Development and Training to specifically give expert views on the needs of young people in the agricultural sector. 

A targeted consultation on the proposed changes was conducted from 18 October to 15 November 2024. The proposals were made available on the �ʶ�����Consultations webpage and emailed to an extensive list of stakeholders including organisations that work with and look out of the interests on children. 

Young people have accessible and equitable opportunities to be involved in the consultation process however no responses were received from these organisations.

The �ʶ�����has worked with the Panel to explore the feasibility of obtaining robust data to better inform future Orders. However, there are significant and ongoing challenges that would require substantial time, money, and resources to address, with no guarantee of obtaining sufficiently robust data. Given the significant financial pressures currently facing the �ʶ����� Government, the effort required to obtain this data is considered disproportionate to the policy’s reach and impact.

 Due to the lack of evidence the impact of the Order cannot be quantified with any degree of certainty however the changes are considered likely to have a positive impact on children and young people.

Monitoring and review

The �ʶ�����will monitor the impact of the 2025 Order through ongoing dialogue with key stakeholders, including the Agricultural Advisory Panel. This will include assessing the effects on the agricultural sector and young workers.

A helpline number and email address will be available to respond to queries related to the 2025 Order.

This information will help assess the effectiveness of the Order and inform future Orders.

Consultation distribution list (children and young people)

Action for Children
Barnardo’s Cymru
Children in Wales / Plant yng Nghymru
Children’s Commissioner for Wales
Council for Wales Voluntary Youth Services (CWVYS)
MEIC
Mudiad Meithrin
NSPCC Wales
Prince’s Trust Cymru
Save the Children Wales
TGP Cymru
UK Youth
Young Wales
Youth United Foundation