Fair Work First: guidance to 30 June 2023

Verification of an organisation's Fair Work First commitment

Organisations who are accessing grant funding are asked by the Scottish Government to include a short statement on their own website highlighting their commitment to advancing the Fair Work First criteria. The statement should be agreed jointly by the employer and an appropriate workplace representative. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present.

Organisations delivering a public contract and who have agreed to adopt the Fair Work First criteria, are also asked to include a short statement on their own website highlighting their commitment to advancing the Fair Work First criteria. The statement should be agreed jointly by the employer and an appropriate workplace representative. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present.

Public bodies should include a short statement on their own website highlighting their commitment to advancing the Fair Work First criteria. The statement should be agreed jointly by the employer and an appropriate workplace representative. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present. Those civil service bodies who are already part of the Fair Work Agreement between the Scottish Government and relevant trade unions may wish to highlight their commitment to the Agreement. Other public bodies may wish to consider developing similar agreements.

Grants

As part of the application process for grant funding, applicants may be asked to provide a statement verifying their Fair Work First commitment and confirming it has been developed in agreement with the workforce. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present.

As part of the grant monitoring process, the grant recipient should confirm the progress being made towards the commitments set out in the grant agreement. A short statement agreed by an appropriate workforce representative, confirming the organisation's progress in adopting Fair Work First commitments, should be submitted to the grant maker, in advance of the conclusion of the grant. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present. Grant recipients will also be expected to provide information about the changes they have made and related impacts for their workforce and organisation. The employer should fully involve and engage the relevant trade union(s) or employee representative(s) to review actions and outcomes and identify further improvements for advancing the fair work first commitments.The Scottish Government grant guidance and relevant guidance from other public funding bodies has been updated to incorporate Fair Work First monitoring requirements, and relevant templates are provided.

Public bodies' funding

In agreeing their annual priorities with relevant Scottish Government policy/sponsorship teams, public bodies should describe how they are meeting and/or intend to advance the Fair Work First criteria across their organisation and the timescales for doing so. They should confirm this has been agreed in collaboration with an appropriate workforce representative. This should be from the relevant trade union where one is present, or workers representative(s) where there is no union present.

As part of the arrangements for monitoring service delivery, the public body should provide evidence of progress towards delivery of their Fair Work First commitments to the relevant policy/sponsorship team. The Scottish Government will confirm the information that public bodies will be expected to provide and appropriate guidance and template/s.

Procurement

As part of the procurement process bidders may be asked, when relevant and proportionate to what is being purchased, to describe how, in performing the contract they will meet the Fair Work First criteria, as described on page 4 of this Guidance.

As part of the contact management process, the supplier may be asked to provide evidence that they are meeting the Fair Work First criteria, in line with the tender response.

Given the importance of effective voice in fair work principles, while not a requirement on employers, it is strongly recommended that they engage with the workforce and unions, where they are present, in defining and monitoring the commitments they make to advancing fair work in the delivery of the contract during the life of the contact.