In recognition of the current challenges being faced in the labour market, Scottish Ministers have announced the introduction of a new Scottish Procurement Policy note (SPPN 6/2021), which operates so as to expand the application of “Fair Work First” (FWF) to relevant procurements.    

Whilst the concept of Fair Work in relevant Scottish procurements is by no means novel, with public bodies tasked to address this in relevant procurements since 2015, the implementation of SPPN 6/2021 will further expand the FWF criteria placed on public bodies, from 5 elements of consideration to 7 elements. The addition of these new elements is aimed at supporting flexible and family friendly working practices for all workers from the first day of employment and the opposition of the use of fire and rehire practices.       

Ministers have earmarked 31 October 2021 as the date from which public bodies should be actively implementing the expanded FWF criteria within their relevant procurements, with the aim that the expanded criteria will be incorporated into all relevant exercises in the 2022/23 financial year.  This means, that from 31 October public bodies should be asking businesses bidding for public contracts to commit to the adoption of the following 7 elements: 

• appropriate channels for effective voice, such as trade union recognition;
• investment in workforce development;
• no inappropriate use of zero hours contracts;
• action to tackle the gender pay gap and create a more diverse and inclusive workplace;
• providing fair pay for workers (for example, payment of the real living wage);
• offer flexible and family friendly working practices for all workers from day one of employment; and
• oppose the use of fire and rehire practices.

We regularly assist clients in relation to Fair Work First and its implementation in public procurement documentation and processes.