Fair Work First
Scottish Government framework requiring above-threshold suppliers to evidence Real Living Wage, no zero-hours, gender pay gap action.
Definition
Fair Work First is a Scottish Government framework requiring above-threshold Scottish public sector suppliers to evidence five Fair Work criteria: payment of at least the Real Living Wage, no inappropriate use of zero-hours contracts, action on the gender pay gap, channels for effective workforce voice, and investment in workforce development. The framework applies to above-threshold Scottish public sector procurement and supports the broader Scottish industrial strategy and Fair Work agenda. Fair Work First is one of the most distinctive features of Scottish public procurement compared with English equivalents.
How it works in practice
Fair Work First applies to in-scope Scottish public sector procurement and is typically assessed as a pass-fail check at the Selection Questionnaire stage: bidders must confirm they meet all five criteria. Failure to meet any one criterion can disqualify the bid; some procurements allow conditional acceptance subject to improvement plan. The five criteria are: Real Living Wage (paid to all staff delivering the contract); no inappropriate use of zero-hours contracts (genuine zero-hours arrangements may be acceptable where workforce voice supports them; abusive uses are not); action on the gender pay gap (evidenced through annual reporting and improvement actions); channels for effective workforce voice (trade union recognition or equivalent); investment in workforce development (training spend, apprenticeships, career progression). Compliance is evidenced through narrative response in the SQ supported by documentation (Living Wage accreditation, payroll evidence, gender pay gap report, workforce voice arrangements, training records). Scottish public sector buyers have invested significantly in Fair Work First assessment capability; bidders should treat the topic as substantive rather than pro-forma. The framework operates alongside Community Benefit Clauses and broader Scottish social value expectations.
Common questions
Does Fair Work First apply to English public sector contracts?
No. Fair Work First is a Scottish Government framework applying to Scottish public sector procurement. Similar but distinct frameworks operate in other UK jurisdictions: the Good Work Standard in London, various local authority charters in England. Suppliers operating cross-jurisdictionally need to track the relevant requirements in each.
What is the "inappropriate use of zero-hours contracts" test?
Genuine zero-hours arrangements where staff actively want flexibility may be acceptable. Inappropriate use means imposing zero-hours on staff who would prefer guaranteed hours, using zero-hours to avoid sick pay or holiday pay accrual, or using zero-hours systematically for core operational roles. The test requires evidence beyond a blanket "we do not use zero-hours" statement.
How do I evidence workforce voice?
Trade union recognition is the strongest evidence. Other acceptable evidence includes formal workforce councils, staff representative bodies, regular structured staff surveys with documented response, and grievance mechanisms with visible action on feedback. The criterion is about genuine workforce influence on decisions affecting them, not just consultation theatre.