FOI/202500479572 · FOI · released
Control Test Inspection (CTI) information: FOI release
Information requested
Recorded information for the years 2022, 2023, 2024 and January to June 2025 (inclusive), the following information [as best you can]:
(a) the number of Control Test Inspections (CTIs) by Agriculture Wages Inspectors (AWIs);
(b) the results of these CTIs [using for ease relevant headings in your computer system;
(c) numbers of referrals of potential breaches identified [or not rectified] under the Agricultural Wages (Scotland) Order;
(d) [only if possible], the nature of this breach
and
(e) the numbers of breaches referred that were upheld by the Agricultural Wages Enforcement Team.
Response
(a) the number of Control Test Inspections (CTIs) by Agriculture Wages Inspectors (AWIs)
The Inspection period runs from April to March each year, as such we have provided you with the information in this format as this is how it is recorded. Please see the table below.
Year CTI Total 2021/2022 97 2022/2023 99 2023/2024 106 2024/2025 118 2025/2026 3 complete 9 in progress
(b) the results of these CTIs [using for ease relevant headings in your computer system;
Year No issues Initial findings letter issued rectified To be analysed escalated 2021/2022 30 67 66 0 1 2022/2023 10 89 85 0 4 2023/2024 5 101 99 0 2 2024/2025* 12 40 11 66 tbc 2025/2026* tbc 2 tbc 1 tbc
*analysis of 2024/2025 and 2025/2026 are ongoing. Current figures in the table will not be the final findings and where no data is currently available it is marked as ‘to be confirmed’ (tbc).
(c) numbers of referrals of potential breaches identified [or not rectified] under the Agricultural Wages (Scotland) Order;
Initial findings letters are issued when a non-compliance of the Agricultural Wages Order (AWO) has been identified. This can be for a range of reasons from non-completion of timesheets through to underpayments and incorrect holiday entitlement. The majority of initial findings letters result in the issues identified being rectified timeously.
The numbers of letters issued for potential breaches during the dates requested can be seen in the table column “Initial findings letter issued” shown above. The identified issues in the initial findings letter that are not rectified by the employer can be found in the “escalated” column. This results in a more in-depth AWO-compliance inspection taking place, covering employment terms and conditions for a period of up to 3 years.
(d) [only if possible], the nature of this breach
A breakdown of monetary or contractual breaches of the AWO identified are listed in the table below, shown on a per inspection basis. Please note, the breaches may have been found in isolation or in various combinations during the inspections undertaken.
Breaches identified 2021/2022 2022/2023 2023/2024 2024/2025* 2025/2026* Additional Sum 5 8 3 3 0 Agricultural Sick Pay 3 8 54 5 2 Bereavement Leave 2 1 53 7 2 Contract 33 56 89 26 1 Dog Allowance 3 13 14 5 0 Holiday Pay 7 15 15 1 0 Holidays 28 47 76 9 1 Overtime 4 12 17 0 Pay 4 19 14 12 1 Special Holidays 1 19 54 9 2 Timesheets 40 47 69 23 2 Weather Protective Clothing 6 9 11 0 0
*analysis of 2024/2025 and 2025/2026 are ongoing. Current figures in the table will not be the final findings.
(e) the numbers of breaches referred that were upheld by the Agricultural Wages Enforcement Team.
All breaches that are identified within a CTI are investigated by the Agricultural Wages Enforcement Team (AWET). For context, the Agricultural Wages Inspector (AWI) gathers the information on site at the agricultural business and returns this to the AWET to determine whether a breach of the Agricultural Wages Order (AWO) has occurred. When an initial findings letter is issued to the business, this gives them the opportunity to address the evidence presented or correct the breach of terms and conditions identified. Only if the business refuses to take remedial action to comply with the AWO, will enforcement action be taken by the AWET. An employer can also appeal an enforcement notice via an employment tribunal for a judicial review of the evidence gathered. All concluded cases during the period specified that were identified with AWO breaches, resulted in either remedial action by the agricultural business or by enforcement action being taken to rectify the non-compliance.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Attachments
No attachments found.