Commentary on Sections Section 6 - Enforcement of holiday entitlement
37.This section makes it an offence for an employer of an agricultural worker in Wales to fail to allow the worker to take the holidays specified in an agricultural wages order and provides that the maximum fine payable on conviction is level 3 on the standard scale (currently £4000).
38.Where an employer is prosecuted for a failure to allow a worker to take holidays, it is for the employer to prove that the worker was allowed to take the number of days holidays that the employer imposed, contrary to the number of days holidays specified in the relevant agricultural wages order.