Legal papers seeking a judicial review of the Agricultural Wages Order have been lodged with the High Court in London by the NFU.

The NFU's challenge is based on a decision by the Agricultural Wages Board (AWB) to confirm the order at its August 29 meeting despite no employer representatives being present.

The lodging of papers with the High Court follows the serving of a notice of intent to pursue a judicial review on the chairman and secretary of the AWB last month.

NFU president Ben Gill said: 'Our challenge proposes that the decision taken by the board is invalid as the meeting was inquorate because of the resignation of employer representatives.' The NFU has asked the court to expedite the process because the challenged wages order has already been introduced.

Gill stressed the AWB order, which came into affect on 1 October, remains in place unless it is successfully challenged. If successful, the current AWO will be invalid and a new round of negotiations will take place.

NFU Employment and Education chairman Bob Fiddaman said: 'Farmers and growers must pay the new rates regardless of the current challenge. Anyone who is not paying the new rates is in breach of the law and exposes themselves to possible legal action.' The NFU has embarked on legal action against the wages order because it has been imposed on the industry without full consideration of the impact on farmers and growers. The award that was confirmed will land farmers and growers with an extra £100 million bill over a year.

NFU representatives resigned from the meeting on 29 August after fighting without success to achieve a settlement that is fair to workers without putting farmers out of business.

Topics