Slavery and human trafficking statement 2023 to 2024

5. Assessing and managing risk

Human rights is considered systematically alongside other economic, social and environmental factors by using the National sustainability test tool and associated relevant supporting guidance. Our procurement staff use this tool for all regulated procurements (from £50,000 and above for goods and services and £2 million and above for works) to establish whether there is ethical risk and how we can influence this risk by identifying mitigating action in the tender process and through contract management. The tools and guidance take account of procurements which may be affected by human rights considerations, in alignment with the UN Guiding Principles on Business and Human Rights, including issues such as human trafficking.

We can and, in certain situations, must, exclude companies from the procurement process where they fall within a ground for exclusion: for example where they have been convicted of any offence under Part 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under any provision referred to in the Schedule to that Act, and breach of any obligations in the fields of environmental, social or employment law.

We use targeted selection and award criteria relating to fairly and ethically traded supply chains where relevant for all regulated procurements. Buyers routinely incorporate relevant and proportionate criteria and specification requirements in their contracts. Where human rights in the supply chain may be a concern, this can be to provide transparency of business and supply-chain operations to ensure that legislative obligations and best practice are applied in relation to human rights.

All invitations to tender we issue include a provision to ensure that our supply chains are free from human trafficking and exploitation, permitting us to terminate contracts with suppliers for breaches of social, environmental or employment law, established by national law, international law, or collective agreements. These terms and conditions form part of every contract or framework awarded by us.

It is our normal practice to include Fair Work provisions in our invitations to tender, and we consider these along with other relevant criteria as part of the tender evaluation process. We routinely mandate payment of at least the Real Living Wage to workers involved in delivery of our contracts. In consultation with the wider public sector, business and trade unions, in May 2022 we published updated Statutory Guidance under the Procurement Reform (Scotland) Act 2014. In particular, the statutory guidance now includes a chapter on Fair Work First requirements in procurement.

Contract and supplier management levels must be relevant and proportionate to the individual requirements of the contract and depending on the associated level of risk. Robust contract and supplier management is routine in high value and/or high-risk contracts to proactively identify and manage any risks, for example, where we have identified a risk of human rights abuses or trafficking and exploitation taking place.