Fair Work First: guidance - March 2023

Verification of an organisation's Fair Work First commitment

Public facing confirmation of commitment to Fair Work First

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, including the real Living Wage and effective voice conditions. The statement should be agreed jointly by the employer and an appropriate workplace representative. This representative should be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition, it should be another appropriate workers' representative.

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 representative should be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition, it should be another appropriate workers' representative.

Public bodies and wider public sector partners 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 representative should be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition it should be another appropriate workers' representative.

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/partners may wish to consider developing similar agreements.

Statement of Fair Work First commitment for funded activity

Public sector grants

Notes: this section applies to those organisations receiving a grant directly from the Scottish Government or a flow-through grant from a public body/other public sector partner.

Given the more stringent conditions requiring grant recipients to pay at least the real Living Wage and provide effective workers' voice, details of the ways an employer can verify that they are meeting these criteria are provided at Annex B. This is in addition to the statement to be provided from a relevant trade union and/or other appropriate workers representative, as described immediately below. The same statement can be used for both the grant application and the organisation's own website.

As part of the grant application process, applicants will be expected to provide a statement verifying their Fair Work First commitment and confirming it has been developed in agreement with the workforce.

The representative providing confirmation should be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition, it should be another workers' representative.

A grant application cannot be progressed without such a statement being provided to the grant maker/funder.

As part of the grant monitoring process, the grant recipient should confirm the progress being made towards the commitments set out in the Grant Offer Letter and relevant grant award documents. 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 and before the final grant payment can be made.

The representative providing confirmation should be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition, it should be another appropriate workers' representative.

Grant recipients will also be expected to provide information about the changes they have made and related impacts for their workforce and organisation as a result of applying the Fair Work First criteria. The employer should fully involve and engage the relevant trade union(s) and/or other appropriate worker' representative(s) to review actions and outcomes and identify further improvements for advancing Fair Work First commitments. The Fair Work Policy Team use this information to update Ministers on Fair Work First implementation, annually as a minimum.

Public 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 Fair Work First: the approach and what it aims to achieve.

As part of the contact management process, the supplier may be asked to provide evidence that it is 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 their workforce, through their recognised trade unions, and/or worker representatives, in defining and monitoring the commitments they make to advancing fair work in the delivery of the contract during the life of the contact.

Funding for public bodies and other public sector partners

In agreeing their annual priorities with relevant Scottish Government policy/ sponsorship teams, public bodies and wider public sector partners 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 and provide a supporting statement. The representative providing confirmation must be from the relevant trade union(s) where one or more is recognised, alternatively where there is no union recognition, it should be another appropriate workers' representative.

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