Fair work and procurement
Fair Work First is the Scottish Government's flagship policy for driving high quality and fair work as well as workforce diversity across the labour market in Scotland.
Measures such as Fair Work First support the maximisation of social benefits through procurement, which is why the promotion of Fair Work First has been included as an objective in the Public Procurement Strategy for Scotland.
Fair Work First in public procurement is distinct from the application of Fair Work First in grants. Guidance on Fair Work First in grants is available from Fair Work First: guidance.
We expect public bodies to implement and promote Fair Work First in all relevant procurement processes.
We expect suppliers delivering public contracts to adopt and demonstrate appropriate fair work practices, for all workers engaged in delivering the public contract. We believe that a supplier's approach to fair work practices, can have a positive impact on the quality of goods, works and services in a public contract.
Fair Work First encourages businesses bidding for a public contract to commit to adopting the following:
- payment of at least the real Living Wage
- provide appropriate channels for effective workers’ voice, such as trade union recognition
- investment in workforce development
- no inappropriate use of zero hours contracts
- address workplace inequalities, including pay and employment gaps for disabled people, racialised minorities, women and workers aged over 50
- offer flexible and family friendly working practices for all workers from day one of employment
- oppose the use of fire and rehire practices
Payment of at least the real Living Wage
All Scottish public contracting authorities can require payment of at least the real Living Wage to workers delivering public contracts.
It is possible to require payment of at least the real Living Wage to be paid to workers on public contracts, where:
- Fair Work First practices, including payment of the real Living Wage, is relevant to how the contract will be delivered
- it does not discriminate amongst potential bidders
- it is proportionate to do so
- the contract will be delivered by workers based in the UK
Further information on the real Living Wage is available from the Living Wage Foundation website.
Support and guidance
We have published:
- statutory guidance on Fair Work First requirements in procurement
- practical guidance covering Fair Work First in procurement
- eLearning designed to help public bodies and suppliers adopt Fair Work First
For any further information please email: scottishprocurement@gov.scot