Agricultural Sick Pay: Who Still Holds It and What It Pays

Agricultural Sick Pay (ASP) confuses because it means two different things: a protected term in old English contracts, and a live entitlement under the Welsh Order. Which one you hold decides whether illness costs you your income.

Who can hold ASP

How ASP-style schemes work

The traditional structure pays your normal agricultural minimum rate - not the SSP flat rate - during qualifying sickness, for a number of weeks that rises with length of service, after an initial waiting period, with SSP absorbed inside it rather than paid on top. The current Welsh Order sets the operative details for Wales: qualifying service, duration bands and evidence rules all come from the Order in force, so verify against the Welsh Government publication before relying on any figure.

The interaction with the new SSP rules

From 6 April 2026, SSP itself became day-one and universal - the lower of £123.25 or 80% of average earnings. For low-paid seasonal workers this floor matters more than ASP ever did, because ASP schemes typically excluded short-service and casual workers. The order of checking for any sick farm worker is now: contract or Order-based ASP first, employer scheme second, day-one SSP as the universal floor - and a payslip during sickness showing less than the SSP calculation is unlawful whatever the scheme.

Evidence and disputes

ASP disputes are contract claims - tribunal (within 3 months, as an unlawful deduction) or county court - and turn on the paperwork: the original statement of terms, any incorporated Order, and continuity since 2013. Farms changing hands complicates continuity, but TUPE transfers carry protected terms across to the new owner intact; a takeover is not, by itself, the end of ASP.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

What is Agricultural Sick Pay?

An enhanced sick pay entitlement above SSP: preserved as a contractual term for some English workers continuously employed since before October 2013, and provided in Wales by the current Agricultural Wages (Wales) Order.

Do new farm workers in England get Agricultural Sick Pay?

No - workers hired since 1 October 2013 in England rely on Statutory Sick Pay (£123.25 or 80% of earnings from day one) plus any voluntary employer scheme.

How do I know if my old contract preserves ASP?

Check the original written terms for incorporation of the Agricultural Wages Order, and confirm continuous employment on that contract since before 1 October 2013 - re-signed contracts usually replaced the old terms.

Does a farm sale end my protected sick pay terms?

No - a TUPE transfer carries contractual terms, protected ASP included, to the new employer intact. Only an agreed variation of your contract can remove them.

What sick pay do seasonal pickers get?

The universal day-one SSP regime: the lower of the flat rate or 80% of average weekly earnings, with no minimum earnings requirement since April 2026 - a bigger change for casual farm labour than ASP ever was.

Where are the current Welsh ASP details published?

In the Agricultural Wages (Wales) Order in force, on the Welsh Government website - it sets the qualifying service, rates and duration for agricultural sick pay in Wales.

Sources

• GOV.UK: Agricultural Sick Pay
• GOV.UK: Statutory Sick Pay
• ACAS: Sick pay