Fair Work action plan: progress report September 2024 - April 2025

4. Headline action 2

4.1 Our Aims

We will continue to use conditionality to further embed Fair Work in all forms of financial support.

4.2 Delivery overview

Action 2.1 (not started) – Extend Fair Work conditionality to cover all forms of Scottish Government support and consider how to extend conditionality to all Fair Work principles.

• The Scottish Government will be undertaking an evaluation of Fair Work First before exploring options to extend conditions to other forms of support. Work is in train on the evaluation and the tender for a supplier has now closed.
• The Scottish Government committed to conducting a Business Regulatory Impact Assessment (BRIA) of Fair Work First conditionality in public sector grants. The assessment focused on the two mandatory requirements concerned with payment of the real Living Wage, particularly for apprentices and 16–17-year-old workers, and providing effective voice channels for workers. Following consideration of the BRIA the Minister for Employment and Investment concluded that the Fair Work First conditionality policy for real Living Wage and effective voice will not be changed and will continue to be implemented in line with the Scottish Government’s Fair Work First guidance. The BRIA report was published on 21 February 2025.

Action 2.2 (complete) – Update the Fair Work First criteria to address labour market inequalities faced by women, people from racialised minorities and disabled people.

• Updated FWF Guidance was published in November 2024 to better reflect priority action required to address labour market inequalities faced by women, people from racialised minorities, and disabled people, ensuring people can enter, remain and progress in fair work.

4.3 Related actions across the Scottish Government

Procurement (in progress) – review and refresh Fair Work and Procurement non-statutory guidance.

• Fair Work First in Procurement eLearning was launched in December 2024 on the Sustainable Procurement Tools website. This training is mandatory across relevant staff in Scottish Government. The training has also been shared across the wider public sector in Scotland and with the Supplier Development Programme whose aim is to build the capability of Scottish private and third sector businesses that are keen to compete for public sector contracts. 145 people had completed the e-learning by 31 March 2025.