National Partnership for Culture recommendations: Scottish Government response

4. Fair Work

4.1 A national network of free support should be available for freelance artists and creative practitioners, providing training opportunities and HR support comparable to what would be available to those in salaried employment.

This recommendation aligns with the Scottish Government's priorities as set out in the National Strategy for Economic Transformation, Bute House Agreement and Programme for Government. We will explore ways to strategically scale up existing initiatives, or learn from other sectors that have achieved success as a way for taking this forward.

We recognise that there is a sensitivity in applying these principles only to artists and creative practitioners, as the culture sector includes freelance workers across many disciplines.

We have asked Creative Scotland to commission an independent review of Fair Work in the culture sector. This will be published shortly. The review will identify specific areas for action which the Scottish Government will fully consider when the report is finalised. We are also engaged with the Creative Industries Policy & Evidence Centre on its 'Good Work Review', an independent review of working conditions in the creative sector, to ensure the Scottish creative industries context is reflected in its findings. The Scottish Government looks forward to receiving the final review later this year.

As part of the refresh of the Fair Work Action Plan and commitment to making Scotland a Fair Work Nation by 2025, employers in receipt of grant funding are asked to commit to Fair Work principles. We will take forward work with Creative Scotland on implementing Fair Work First amongst the organisations that they fund. We have included in the grant letters for the five National Performing Companies conditions regarding Fair Work First. We will also work with Historic Environment Scotland to evaluate their grant framework refresh on Fair Work.

4.2 The Scottish Government must commit to enforcing and monitoring the Fair Work practices of any organisation in receipt of public funding.

As employment legislation is reserved, the Scottish Government is not able to legally enforce what is considered Fair Work practices. However, through the Fair Work First approach, as set out in the Fair Work Action Plan (2019) (more information on the Fair Work Action Plan), Fair Work First criteria is being applied to grants, public contracts and other funding where relevant and proportionate to do so. Although employment legislation is reserved, there are many examples of how this is being taken forward effectively by the Scottish Government.

Fair Work First has been applied to over £2.4bn worth of public sector funding between April 2019 and March 2021. This includes £619.8m worth of contracts. The Bute House Agreement between the Scottish Government and Scottish Green Party commits to strengthening conditionality yet further. Specifically, by Summer 2022 to introduce a requirement on public sector grants recipients to pay at least the real Living Wage to all employees and to provide appropriate channels for effective workers' voice, such as trade union recognition, subject to limits on devolved competence.

The Scottish Government is engaging with public sector stakeholders, including the enterprise and skills agencies, COSLA and SCVO, on the implications of implementing the real Living Wage requirement in public sector grants. Officials will work across the Culture and Fair Work portfolios to ensure the appropriate monitoring of awarded grants. In the context of Covid recovery and renewal, and the cost of living crisis, the Scottish Government acknowledges that it will take time to implement this agenda in a sustainable way.