Waitrose Farming Partnership Worker Welfare Guidance
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Waitrose Farming
Partnership
Worker Welfare
Guidance
‘Disclaimer’
The Waitrose Farming Partnership has provided a Guidance document, Supporting Information and
a number of templates (the Documents) solely for the purpose of supporting your understanding of
and compliance with the John Lewis Responsible Sourcing Code of Practice. Use of these Documents
is in no way intended to guarantee compliance by you with all aspects of relevant legislation/codes
of practice which may be applicable to your business, and which may change from time to time. It is
your responsibility to ensure that you understand and adhere to all of your legal obligations, and you
should seek your own legal advice where required.
The Documents are intended solely to support your understanding of and compliance with the John
Lewis Responsible Sourcing Code of Practice, and you should not rely on compliance with the
Documents resulting in compliance with your legal and regulatory obligations. John Lewis, Waitrose
& Partners, the Waitrose Farming Partnership and First Purchaser/Supplier/ Processor do not accept
any liability in relation to your reliance on the Documents and are not responsible for any loss or
damage sustained as a consequence of such reliance.
Waitrose farming Partnership Worker Welfare Guidance Issue 2/February 2019Waitrose Farming Partnership
Introduction
Ensuring workers in its supply chains are treated fairly, honestly, and with respect for their basic
human rights and wellbeing is a top priority for Waitrose. Suppliers to Waitrose are therefore required
to adhere to or be working towards achieving the worker welfare standards outlined in the John Lewis
Partnership Responsible Sourcing Code of Practice (JLP RSCOP) (so called because Waitrose is part of
the John Lewis Partnership).
The Code of Practice follows the Ethical Trading Initiative Base Code, which is an internationally
recognised labour standard. This document, the Waitrose Farming Partnership Worker Welfare
Guidance, aims to support farmers with interpretation of the John Lewis Partnership Responsible
Sourcing Code of Practice, ensure they are meeting minimum legal or industry benchmark standards,
and support them in working towards best practice, to ensure that our supply chains proactively
promote continuous improvement and lead the way in industry standards.
This will not only reduce the risk of workers being victims of modern slavery or exploitation, and
the legal and reputational risks to the businesses involved, but will also make the supply chain a better
and safer place to work in.
The information provided in this guidance note is to assist farmers in adhering to the John Lewis
Partnership Responsible Sourcing Code of Practice. It is the responsibility of the farmer to ensure that
their farms adhere to the Code and to seek advice where necessary.
John Lewis Partnership Responsible Sourcing Code of Practice
1. Employment is freely chosen
1.1 There is no forced, bonded or involuntary prison labour.
1.2 Workers are not required to lodge "deposits" or their identity papers with their employer
and are free to leave their employer after reasonable notice.
2. Freedom of association and the right to collective bargaining are respected
2.1 Workers, without distinction, have the right to join or form trade unions of their own
choosing and to bargain collectively.
2.2 The employer adopts an open attitude towards the activities of trade unions and their
organisational activities.
2.3 Workers representatives are not discriminated against and have access to carry out their
representative functions in the workplace.
2.4 Where the right to freedom of association and collective bargaining is restricted under
law, the employer facilitates, and does not hinder, the development of parallel means for
independent and free association and bargaining.
3. Working conditions are safe and hygienic
3.1 A safe and hygienic working environment shall be provided, bearing in mind the prevailing
knowledge of the industry and of any specific hazards. Adequate steps shall be taken to
prevent accidents and injury to health arising out of, associated with, or occurring in the
course of work, by minimising, so far as is reasonably practicable, the causes of hazards
inherent in the working environment.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 13.2 Workers shall receive regular and recorded health and safety training, and such training
shall be repeated for new or reassigned workers.
3.3 Access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities
for food storage shall be provided.
3.4 Accommodation, where provided, shall be clean, safe, and meet the basic needs of the
workers.
3.5 The company observing the code shall assign responsibility for health and safety to a
senior management representative.
4. Child labour shall not be used
4.1 There shall be no new recruitment of child labour.
4.2 Companies shall develop or participate in and contribute to policies and programmes
which provide for the transition of any child found to be performing child labour to enable her
or him to attend and remain in quality education until no longer a child; “child” and “child
labour” being defined below.
4.3 Children and young persons under 18 shall not be employed at night or in hazardous
conditions.
4.4 These policies and procedures shall conform to the provisions of the relevant ILO
standards.
5. Living wages are paid
5.1 Wages and benefits paid for a standard working week meet, at a minimum, national legal
standards or industry benchmark standards, whichever is higher. In any event wages should
always be enough to meet basic needs and to provide some discretionary income.
5.2 All workers shall be provided with written and understandable information about their
employment conditions in respect to wages before they enter employment and about the
particulars of their wages for the pay period concerned each time that they are paid.
5.3 Deductions from wages as a disciplinary measure shall not be permitted nor shall any
deductions from wages not provided for by national law be permitted without the expressed
permission of the worker concerned. All disciplinary measures should be recorded.
6. Working hours are not excessive
6.1 Working hours must comply with national laws, collective agreements, and the provisions
of 6.2 to 6.6 below, whichever affords the greater protection for workers. Sub-clauses 6.2 to
6.6 are based on international labour standards.
6.2 Working hours, excluding overtime, shall be defined by contract, and shall not exceed 48
hours per week. *
6.3 All overtime shall be voluntary. Overtime shall be used responsibly, taking into account all
the following: the extent, frequency and hours worked by individual workers and the
workforce as a whole. It shall not be used to replace regular employment. Overtime shall
always be compensated at a premium rate, which is recommended to be not less than 125%
of the regular rate of pay.
6.4 The total hours worked in any seven- day period shall not exceed 60 hours, except where
covered by clause 6.5 below.
6.5 Working hours may exceed 60 hours in any seven day period only in exceptional
circumstances where all of the following are met:
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 2• Allowed by national law;
• Allowed by a collective agreement freely negotiated with a workers’ organisation
representing a significant portion of the workforce;
• Appropriate safeguards are taken to protect the workers’ health and safety; and
• The employer can demonstrate that exceptional circumstances apply such as
unexpected production peaks, accidents or emergencies.
6.6 Workers shall be provided with at least one day off in every seven- day period or, where
allowed by national law, two days off in every 14- day period.
* International standards recommend the progressive reduction of normal hours of work,
when appropriate, to 40 hours per week, without any reduction in workers’ wages as hours
are reduced.
7. No discrimination is practised
7.1 There is no discrimination in hiring, compensation, access to training, promotion,
termination or retirement based on race, caste, national origin, religion, age, disability,
gender, marital status, sexual orientation, union membership or political affiliation.
8. Regular employment is provided
8.1 To every extent possible work performed must be on the basis of recognised employment
relationship established through national law and practice.
8.2 Obligations to employees under labour or social security laws and regulations arising from
the regular employment relationship shall not be avoided through the use of labour-only
contracting, sub-contracting, or home-working arrangements, or through apprenticeship
schemes where there is no real intent to impart skills or provide regular employment, nor shall
any such obligations be avoided through the excessive use of fixed-term contracts of
employment.
9. No harsh or inhumane treatment is allowed
9.1 Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and
verbal abuse or other forms of intimidation shall be prohibited.
Definitions
Child: Any person less than 15 years of age unless local minimum age law stipulates a higher age for work or
mandatory schooling, in which case the higher age shall apply. If however, local minimum age law is set at 14
years of age in accordance with developing country exceptions under ILO Convention No. 138, the lower will
apply.
Young Person: Any worker over the age of a child as defined above and under the age of 18.
Child Labour: Any work by a child or young person younger than the age(s) specified in the above definitions,
which does not comply with the provisions of the relevant ILO standards, and any work that is likely to be
hazardous or to interfere with the child’s or young person’s education, or to be harmful to the child’s or young
person’s health or physical, mental, spiritual, moral or social development.
Waitrose looks to build lasting relationships with their suppliers and are committed to
respecting the rights of workers throughout their supply chains, working closely with them to
raise labour standards, improve working conditions and create fairly rewarded employment.
This Waitrose Farming Partnership Worker Welfare Guidance gives comprehensive
information to ensure that those farmers within the Waitrose Farming Partnership comply
with the provisions of the JLP RSCOP or have a framework enabling them to work beyond
legal compliance and towards best practice.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 3Waitrose Farming Partnership – Worker Welfare Guidance
1. Responsibilities
First Purchaser/Supplier/Processor
Waitrose Farming Partnership (WFP) are sole owners of this guidance document. It is the First
Purchasers/Suppliers/Processors, within each individual supply chain, that are responsible for
ensuring compliance to the JLP RSCOP and implementing this through the WFP Worker
Welfare Guidance. This includes ongoing communication and support with all key
stakeholders/businesses in its supply chain. It is a requirement that the JLP RSCOP and WFP
Worker Welfare Guidance is incorporated into current and future contracts and agreements
made between the First Purchaser/Supplier/Processor and their farmers supplying products
to Waitrose, and that a procedure is in place to best demonstrate risk assessment and
compliance. It is also the responsibility of the First Purchaser/Supplier/Processor to ensure
the JLP RSCOP and Worker Welfare Guidance is kept updated through an annual review
process within each supply chain.
Farmer/Farm Businesses
Farmers (farm businesses) within the supply chain are responsible for implementing the
requirements of the JLP RSCOP within their business using the WFP Worker Welfare
Guidance, ensuring both compliance with minimum legal standards and working
collaboratively to develop best industry practice.
They must have at least one nominated individual that is responsible for implementation and
compliance to the JLP RSCOP and for communicating relevant information to all workers
engaged on the enterprise. Each farm business must ensure that workers feel able to report
or discuss non-compliances confidentially or understand their entitlement to report an issue
to a confidential reporting line provided by the First Purchaser/Supplier/Processor. Please
note data protection obligations set out below.
2. Failure to Comply
Each First Purchaser/Supplier/Processor will need to produce a compliance procedure for
their supply chain that will deal with non-compliances relating to the JLP RSCOP. These will
be graded in terms of minor and major. According to the non-conformity, a timescale for
corrective action will need to be produced together with the required evidence that
demonstrates corrective actions have taken place. The First Purchaser/Supplier/Processor
reserves the right to terminate the supply contract with the farm business if this business fails
to act on resolving major non-compliances or continual policy issues.
3. Who is covered?
The aim of the JLP RSCOP ensures that employees and workers of farming organisations linked
to Waitrose are engaged according to the highest standards. It therefore applies to all
workers, including but not limited to:-
• Full, Part-Time & Fixed Term employees
• Apprentices and Young People under the age of 18
• Casual Workers – employed
• Self-employed workers
• Agency staff
• Family Members
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 44. Key Commitments to worker welfare on farm
The farm enterprise must be committed to maintaining a positive and fair approach
to the people engaged on the enterprise, ensuring they are:-
• Fairly rewarded.
• Treated with respect – particularly, they should not be subject to any kind of
disadvantage, discrimination or harassment.
• Properly trained to work safely and effectively.
• Adequately supervised.
• Provided with adequate hygienic welfare facilities – including toilet, washing and
rest facilities.
• Treated with full consideration of their basic human rights.
The farm enterprise must ensure, as a minimum that statutory legislation relating to
ethical, social and minimum labour standards is complied with. For further details
please see links to relevant information in the Supporting Information booklet. It is
the responsibility of the farm enterprise to keep up to date with changes in relevant
legislation. Such legislation will cover the following:-
• Legal entitlement to work in the UK and Republic of Ireland.
• National Minimum Wage and National Living Wage.
• Working Time Regulations (applicable to their jurisdiction) – including minimum
breaks, maximum working hours, rest days and holiday entitlement.
• Contracts of Employment and what it should include.
• Legislation relating to special categories of people – including young workers
under 18 and 16, pregnant women.
• Equal Opportunity and Discrimination in the workplace.
• Gender Pay.
• Pensions.
• Engaging an agency to provide temporary staff.
• Work covered by the Agricultural Wages Boards where applicable.
• Data Protection.
The farm enterprise must conduct the business with honesty and integrity and
implement a zero- tolerance policy to bribery and corruption.
It is the responsibility of each farm enterprise to make suitable enquiries or to obtain
independent legal advice to clarify any query in relation to the employment status of
a worker or their legal entitlements. Some helpful links to clarify entitlements are set
out in the accompanying Supporting Information booklet.
5. Categories of worker and minimum labour standards
(i) Employees
A person is classified as an employee if they are paid through the business’s payroll
and they have a contract of employment. This would include full-time, part-time,
fixed term, casual, seasonal/temporary workers and apprentices.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 5All employees must have a signed written copy of a contract of employment (or
statement of employment particulars) that they can understand. This must be
given to them at the start of employment (in any event no later than 2 months
after starting employment). It must include the following:-
• Wage details with rates for basic, overtime, holiday and bank holiday working
and sick pay.
• Method of payment – bank transfer, cheque etc.
• Location (Farm Address based at) and Job Title (may include job description).
• Hours of work – basic and overtime.
• Notice periods the employer and employee should give to terminate the
contract.
• Annual holiday entitlement, Bank Holiday entitlement.
• Disciplinary & Grievance Procedures.
• Absence and Sick Pay Rules.
• Details of other benefits including Pension, Parental Leave.
Pay rates must comply with minimum legal requirements under the National
Minimum/Living Wage or, if applicable, the relevant Agricultural Wages Board.
Pay records must be maintained. Please note data protection obligations set out
below.
All workers should receive payslips that explain how their wages are calculated
and any deductions are made in a format they can understand.
No deductions from wages, other than those required by law, should be taken
without the prior consent of the worker concerned. Deductions from wages for
disciplinary purposes are not permitted.
Appropriate action must be taken to ensure that all workers are legally entitled to
work in the UK/Republic of Ireland prior to commencing work and that working
hours and pay are in line with minimum legal requirements. Please see Section 6
for further details.
Workers should not be employed on repeat temporary or apprenticeship schemes
in order to avoid paying wages and other benefits given to permanent workers.
In addition, all Minimum Labour Standards detailed in Section 6 would apply to an
employee.
(ii) Casual Workers
A Casual Worker has a more flexible working arrangement with regard to work
pattern, and may only be employed if there is work offered to them and they are
available and agree to do it. In these circumstances a zero hours contract can be
used to clearly confirm the employment terms. Such an agreement should confirm
that the worker is free to work for other employers when not required at the farm.
Apart from confirming minimum working hours per week, all other minimum
labour standards applicable to an Employee (above) and all standards detailed in
Section 6 would apply to a Casual Worker.
Casual Workers should be paid the same rate of pay (pro rata) as permanent
workers doing the same job with the same level of skill.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 6(iii) Self Employed
A self employed worker has no employment contract with the farm enterprise and
invoices for time worked. They are free to work for other businesses and free to
refuse work if it is offered. Their status is that of a contractor, as they are providing
a service and the farmer should consider issuing a contract for services.
Minimum labour standards within this WFP Guidance on Worker Welfare require
that a self employed worker is treated fairly and that the requirements in Section
6 of this guidance should be reflected in the treatment of self employed
individuals.
Workers should not be engaged on a self employed basis in order to avoid paying
wages and other benefits given to directly employed workers, or to avoid
obligations under other labour or social security laws.
(iv) Agency Staff
An agency worker, supplied by a staffing agency, to provide the farm with labour
on a short term or longer term basis, should be treated in the same way as an
employee and not treated less favourably because they are not directly employed.
It is a legal requirement that any agency that provides a farmworker must be
licensed to do so by the Gangmasters & Labour Abuse Authority (GLAA). It is
essential that checks are made to ensure any agency used holds a current GLAA
licence and a record of the licence number is taken.
Minimum labour standards detailed in Section 6 of this WFP Guidance on
Responsible Sourcing apply to agency workers, including having checks in place to
ensure workers are entitled to work in the UK/Republic of Ireland and are of legal
age to work prior to engagement.
(v) Family Members
Where the family are owners of a farming business, it is usual for members of the
family to work on the farm. Minimum labour standards apply to a family member
working at the farm. They should be treated fairly and consistently with other
categories of workers within this WFP Guidance on Worker Welfare whether or
not they live on the farm. The only exception would be if the family member is in
a position to control the business or is undertaking unmeasured working time for
the purposes of the relevant Working Time Regulations.
In addition, a family run farm business should:
• Avoid special treatment of a family member in relation to other employees in
terms of pay, promotion and working conditions.
• Pay tax and National Insurance contributions in respect of family members.
• Adhere to local authority and national laws relating to work undertaken by
family members who are of compulsory school age.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 76. Minimum Labour Standards that apply to all categories of worker
identified in Section 5.
(i) Employment must be Freely Chosen
There should be no forced, bonded or involuntary labour of any description.
• Workers should be free to leave the site during non-working hours or at the
end of a shift. This includes those who live on the farm.
• Workers should be free to leave their employment altogether after giving
reasonable notice (detailed in their contract).
• Worker identification cards or passports should not directly or indirectly be
held. If produced to confirm ID, copies should be taken and originals returned,
as soon as practicable, to the individual. Please note data protection
obligations set out below.
• Workers should not be required to make deposits of money or valuable items
to secure work or in return for any work related items.
(ii) All workers engaged on the farm must have a legal right to work in the
UK/Republic of Ireland
• Appropriate action must be taken to ensure that all workers are legally entitled
to work in the UK/Republic of Ireland prior to commencing work. In addition
appropriate action must be taken to ensure all workers are a minimum legal
age to work in the UK/Republic of Ireland prior to commencing work.
• Copies of documents confirming this must be obtained, copied and filed for
safe keeping. Please note data protection obligations set out below.
• Where required, details of expiry dates of leave should be diarised and
documentary evidence of a worker's right to work in the UK/Republic of Ireland
must be kept up to date. Please note data protection obligations set out below.
(iii) All workers have a right to join associations of their choosing
• Workers should be allowed the freedom to join an association (trade
union/workers council or workers association) or decline if they choose to.
• Workers should not be discriminated against for making the decision to join or
not join.
• Information which will affect working conditions should be shared with
workers.
(iv) Working Hours and Remuneration must be reasonable and comparable to
others in the industry
• Total working hours must not exceed those specified in the Working Time
Regulations (or corresponding legislation in jurisdictions outside of England
and Wales) on a regular basis unless there is a voluntary signed agreement
from the worker to confirm they are in agreement to work in excess of this or
the worker's activities amount to unmeasured working time.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 8• Workers should be given at least the minimum rest periods required by the
Working Time Regulations (or corresponding legislation) or, if applicable, any
order of the relevant Agricultural Wages Board.
• Worker pay rates must comply with the minimum legal requirements pursuant
to the National Minimum/Living Wage or, if applicable, the minimum wage set
by the relevant Agricultural Wages Board from time to time in force.
(v) There must be no discrimination in the workplace
• Everyone should be treated equally in the workplace. This means equal job
opportunities and fairness for employees and job applicants in the workplace.
• There must be no discrimination in pay, hiring, compensation, access to
training, promotion or termination of employment on the grounds of gender,
age, disability, race, national origin, marital status, pregnancy/maternity,
religion or belief, gender reassignment, sexual orientation, political opinion,
union (or non-union) membership.
• Workers must not be expected to perform duties which are beyond their
physical or mental abilities.
• Opportunities for career and personal development should be equally
available to all workers, if appropriate.
• It is good practice to introduce an equality policy.
• Train staff about equality, diversity and preventing discrimination.
• Take steps to stop discrimination from happening:
o Advertising - don't mention factors such as age or national origin in job
adverts;
o Recruitment - Make sure all candidates interviewed are asked the same
questions;
o Promotion - give opportunities to all staff equally;
o Pay and other terms and conditions - male and female employees must
be treated equally;
o Training - make sure this is made available to all employees;
o Dismissal - don't dismiss for discriminatory reasons e.g. pregnancy;
o Religious practice - take different religious views into account;
Unacceptable behaviour - make it clear to new employees what
behaviour is expected, what is not acceptable and what happens if
rules are broken, and how problems concerning behaviour and
discipline will be handled;
o Those on statutory family leave - update employees on leave (Eg
Paternity/Parental) of any changes in the business;
o Flexible working - discuss requests for flexible working;
• You should monitor if and how equality measures are working and take
appropriate action.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 9(vi) There must be no harassment, threats, abuse or intimidation in the workplace
• Everyone should be treated with respect in the workplace.
• Employers and employees should avoid stereotyping in the workplace.
• Farmers must not use or permit the use of harassment, threats, abuse or
intimidation.
• Physical, verbal and sexual threats, abuse, harassment and intimidation are
expressly prohibited.
(vii) There is a zero tolerance to Bribery & Corruption
• Farmers must report promptly to the First Purchaser/Supplier any request or
demand for any undue financial or other advantage of any kind received in
connection with its obligations to that supplier. Please note data protection
obligations set out below.
(viii) There must be a responsibility to prevent any form of labour exploitation
• Any reports of unfair treatment made by a worker must be treated with
respect, confidentiality (where practical) and urgency and, if necessary,
discussed with the First Purchaser/Supplier/Processor at the earliest
opportunity. Please note data protection obligations set out below.
• All categories of worker, including agency labour, must be informed of the
confidential reporting line and, if appropriate, other independent reporting
help lines such as Stronger Together. Please note data protection obligations
set out below.
• Providing temporary accommodation to large numbers of workers either in
housing, caravans or similar, should be avoided.
• There should be an informed awareness of signs that may indicate labour
exploitation. The farm enterprise and supply chain partner should work
together and share any areas of concern.
(ix) Employment of Young Workers under 18 years of age
• It is recognised that young people under 18 years of age may work or help out
on the farm from time to time, particularly during peak seasonal periods and
school holidays. It is expected that special care and attention be given to these
workers to protect their safety and welfare.
• Young workers should not be exploited or denied an education. No child under
the age of 13 shall carry out any work for a farm business.
• Young workers of at least 13 years of age who are of compulsory school age
shall only be required to undertake light work, typically during school holidays.
The farm business must comply with all legal and regulatory requirements
including local bye-laws in relation to their working hours, rest breaks and
holiday entitlement.
• Young workers over compulsory school age, but under 18, should not be
permitted to work in excess of 8 hours per day and 40 hours per week in total.
They must have a minimum of 12 hours rest between each working day and
48 hours rest per working week. They cannot opt out of the maximum working
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 10week nor can their weekly hours be averaged over a longer period. They must
be paid at least the National Minimum Wage or the applicable minimum wage
set be the relevant Agricultural Wages Board.
• Close supervision and appropriate training should be put in place to ensure
that the health, safety and welfare of all young workers is protected whilst they
are carrying out tasks on the farm.
• Any assessment of risk or allocation of work should take into consideration
their age and level of ability (physical & mental)/maturity/experience.
• Working hours should be closely monitored. Young workers should not work
at night (unless permitted by the relevant laws in their jurisdiction) or carry out
activities that could be harmful or injurious to their health or development.
(x) Itemised Payslips
• With effect from 6 April 2019 all workers must be provided with an itemised
pay statement to contain details of the gross amount of wages, the amount of
any deductions to the gross amounts, the net wages that are to be paid and
where different parts of the net amount are paid in different ways, the
amounts and methods of each part payment.
• In addition, from 6 April 2019 payslips must state the number of hours that are
being paid where wages vary according to the time worked. This can be met
by either setting out the aggregate number of hours or separate figures for
different types of work.
(xi) Data Protection
• Farm enterprises must meet their data protection obligations in respect to
their workers, customers and third parties.
• Personal data means any information about an individual from which that
person can be identified.
• Farm enterprises must ensure that they comply with the data protection
principles when using personal data. This means that personal data must be:
o processed lawfully, fairly and in a transparent manner;
o collected for specified, explicit and legitimate purposes and not
processed in a manner that is incompatible with those purposes;
o adequate, relevant and limited to what is necessary for the purposes
for which they are processed (data minimisation);
o kept for no longer than is necessary for the purposes for which the
personal data is processed; and
o kept secure. Farm enterprises must have appropriate security
measures in place to protect the personal data that they hold.
• They must be responsible for and demonstrate compliance with the data
protection principles set out above.
• Individuals have the right to be informed about the collection and use of their
personal data. Farm enterprises must provide individuals with information
explaining (amongst other things):
o the purposes for processing their personal data;
o how long you retain their personal data;
o details of where and how the personal data was obtained; and
o retention periods for that personal data, and who it will be shared with.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 11• You must have a valid lawful basis in order to process personal data - which
means that you need to carefully consider the reason why you are using
personal data each time that you use it.
• Individuals have various rights under data protection legislation - including the
right of access. Farm enterprises should have appropriate processes in place
to deal with requests made by individuals, particularly subject access requests.
• An up-to-date data protection policy should be put in place to ensure workers
are aware of their obligations. Staff should be given training.
• Data protection issues should be taken into account when implementing new
policies and procedures or carrying out high risk activities such as monitoring.
Data protection impact assessments should be implemented where there is a
high risk to individual's interests.
• Farm enterprises should put in place appropriate technical and organisational
measures to keep worker personal data secure. Any data breach should be
recorded and potentially reported to the Information Commissioner's Office
(ICO)
• A culture of privacy should be implemented across the workplace.
7. Minimum Health & Safety Standards
Applies to all categories of Worker in section 5 above
(i) Health & Safety Management is required
• A competent person must be identified as having responsibility for managing
Health & Safety on the farm enterprise, this person must have sufficient
experience and training to carry out this responsibility and keep up to date
with changes to legislation and requirement. Training should include a suitable
qualification e.g. NEBOSH or IOSH. The competent person can be an employee
of the business or can be a qualified external consultant who is engaged to
advise the business.
• The farm enterprise must have an up to date Health & Safety policy that is
signed by the person(s) controlling the business which is reviewed and updated
as required and accessible to all workers.
• There must be detailed arrangements documented for managing the main
hazards on a farm and in accommodation provided. These will include
Hazardous substances (COSHH), Machinery, Vehicles, Lifting & Handling, Noise
& Vibration, Electricity, Working at Height, Personal Health of Workers.
• Machines, vehicles and tools must have adequate safe guards with relevant
procedures on how to use them.
• Material safety data sheets (MSDS) for each chemical should be easily available
and hazardous materials safely stored.
• Risk assessments must be documented that identify the main hazards and how
they are controlled. Safe Systems of Work should be documented where the
Risk Assessment identifies they are needed. Risk Assessments must be
regularly monitored and reviewed.
• Emergency Procedures must be documented and communicated to workers –
there must be procedures in place to deal with serious injuries.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 12• Minimum legal requirements relating to fire exits, evacuation procedures, fire
extinguishers, fire blankets and hoses should be complied with, with clear
instructions given.
• There must be sufficient provision made for First Aid – ensuring equipment is
readily accessible in well maintained First Aid boxes and trained First Aid
support is always available to cover all workers on each shift.
• Employers’ Liability and Public Liability insurance must be in place at the farm
enterprise and current certificates displayed.
(ii) Health & Safety Training and Supervision are essential
• The Health & Safety training needs of all those employed on a farm should be
assessed and documented, with plans in place to ensure appropriate training
is carried out.
• Records of Health & Safety training completed must be documented.
Certificates of training should be held on file, particularly where there are
statutory training requirement e.g. First Aid, driving a Telehandler and using
an abrasive wheel.
• Arrangements should be in place to refresh training as required – in all cases
before the expiry of statutory training.
• Those employed should be shown the Risk Assessments relevant to their work
and trained to carry out any Safe Systems of Work.
• There should be appropriate instruction given and adequate supervision of
work, to ensure correct working methods are followed and safety is given a
high priority.
• Health & Safety training and job instruction should be delivered in way that
ensures it is clearly understood
(iii) Accidents and dangerous occurrences must be recorded
• All significant accidents, injuries that need first aid treatment and dangerous
occurrences at work must be recorded on a Health & Safety Executive (HSE)
approved Accident Form and the Form retained in a secure location.
• It is a legal requirement to report certain serious accidents and dangerous
occurrences to the HSE, as detailed in the RIDDOR Regulations.
(iv) Working and Living conditions must be safe and hygienic
• Personal protective equipment and safety equipment, if required, should be
supplied free of charge and be appropriate for the work carried out – e.g. dust
masks, eye and ear protection, sun screen, shoes or boots.
• Workers should be provided with free access to drinking water and toilet
facilities and, if applicable, facilities for food storage and hand washing.
• If accommodation is provided to workers, it should be in good condition and
safe, with consideration given to adequate space for the number of
occupancies.
• If accommodation, transportation or food (or other items) are offered to
workers it should be at a fair price and not excessive when compared to other
local rates.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 13• If transport is provided to workers, or for the purpose of transporting workers,
then this should be safe, well maintained and comply with all regulatory
requirements.
(v) Health & Safety Culture and Communications is important
• Those controlling the business must establish a culture that Health & Safety is
important.
• Those employed must be conscious of their own responsibilities for Health &
Safety. They must be free to communicate any concerns they may have and
be confident to work safely.
Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 14Waitrose Farming Partnership Worker Welfare Guidance
Issue 2/February 2019 15You can also read
