Fair Work First in public procurement
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Meet Fair Work First requirements
How to meet the mandatory and encouraged Fair Work First criteria when applying for Scottish public sector grants or contracts.
Scotland
Guide summary
If you apply for Scottish public sector grants, you must pay at least £13.45 per hour (real Living Wage) and have ways for workers to have their say. Other fair work practices are encouraged. Check your grant requires Fair Work First and gather evidence of compliance.
- Pay at least £13.45/hour (real Living Wage) to all workers
- Provide ways for workers to have their say (e.g., unions or surveys)
- Avoid inappropriate zero-hours contracts or exclusivity clauses
- Take action to reduce gender pay gaps
- Invest in workforce skills and development
- Offer flexible and family-friendly working
- Do not use fire-and-rehire practices
- Check if your grant requires Fair Work First compliance
- Gather evidence of compliance for your application
- Living Wage accreditation satisfies the wage criterion
On this page
Scotland
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If your organisation applies for Scottish public sector grants, you must meet the Fair Work First criteria. Since 1 July 2023, two criteria are mandatory — failure to meet them can disqualify your grant application.
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1
Check whether your grant or contract requires Fair Work First compliance — all Scottish Government grants do
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2
Confirm you pay at least the real Living Wage (currently £13.45/hour UK rate) to all workers delivering the funded activity
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3
Establish effective workers' voice channels — this could be trade union recognition, staff forums, or regular employee engagement
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4
Review your zero-hours contracts — avoid inappropriate use or exclusivity clauses
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5
Consider the encouraged criteria: gender pay gap action, workforce development, flexible working, and no fire-and-rehire
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6
Gather evidence of compliance — you may need to demonstrate this in your grant application
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7
If you are a Living Wage accredited employer, this satisfies the wage criterion automatically
What counts as workers' voice
You must provide appropriate channels for workers to have their views heard. Acceptable approaches include:
- Trade union recognition: formal recognition agreement with a relevant union
- Staff forums or councils: regular meetings with elected employee representatives
- Employee surveys: systematic gathering and acting on workforce views
- Open door policies: documented processes for raising concerns (smaller organisations)
What happens if you do not comply
Grant bodies assess compliance at application stage. Non-compliance with the two mandatory criteria (real Living Wage and workers' voice) may result in your application being rejected or funding being withdrawn.
Fair Work First guidance
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Fair Work First guidance - gov.scot (opens in a new tab)
Scottish Government detailed guidance
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Living Wage Foundation (opens in a new tab)
Become an accredited Living Wage employer