The Scottish Government is committed to the delivery of high-quality public services and recognises that this is critically dependent on a workforce which is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and development, is diverse and inclusive, and can influence decision making through effective voice channels. These factors are also important for workforce recruitment and retention, and thus continuity of service delivery.
This guidance focuses on how public bodies and suppliers can practically implement fair work practices, specifically Fair Work First, into their procurement tendering exercises to help achieve fair working practices for those involved in the delivery of relevant public sector contracts. It also covers the Scottish Government’s stance on mandating payment of at least the real Living Wage in public contracts.
The importance of early consideration of Fair Work and Fair Work First is reinforced in this guidance, including market engagement to optimise how these objectives can be achieved. It also provides relevant procurement process guidance, aligned with the Procurement Journey.
This guidance reflects the update to the statutory guidance under the Procurement Reform (Scotland) Act 2014 and feedback received during the process of updating that guidance. It replaces the Best Practice Guidance on Addressing Fair Work in Procurement, and the Fair Work practices in procurement: Toolkit published in July 2018. This guidance should be considered alongside Statutory Guidance.
Each public body is accountable for its own decisions in relation to procurement competitions, including when it is appropriate to include Fair Work requirements in tendering exercises.
The guidance is part of a series that support public sector organisations to embed sustainability into their procurement processes. At this early stage it is important to consider relevant Fair Work opportunities and risks in your procurement:
Fair Work and equality are inextricably linked and mutually reinforcing. Other socio-economic guides including Equality, Employment, Skills and Training, Security and Crime and Fair and Ethically Traded may also be relevant. These are also available on the Sustainable Procurement Tools.
