Guide
Fair Work First in public procurement
UK-wide
When bidding for Scottish public sector contracts, you may be assessed on your fair work practices. The Procurement Reform (Scotland) Act 2014 requires contracting authorities to consider fair work when awarding regulated contracts.
How fair work is assessed in tenders
Public bodies can include Fair Work First as a scored criterion in their tender evaluation. In 2022/23, 41% of regulated contracts included a scored fair work criterion.
You may be asked to provide evidence of:
- Real Living Wage payment to workers delivering the contract
- Workers' voice channels such as trade union recognition or staff forums
- Flexible and family-friendly working policies
- Workforce development including training, apprenticeships, or skills investment
- Action on the gender pay gap and workplace diversity
Regulated contract thresholds
Fair work requirements apply to regulated contracts:
- Goods and services: £50,000 or more
- Works contracts: £2 million or more
Public bodies spending £5 million or more annually must publish a procurement strategy that addresses fair work.
Practical tips for bidders
- Review the buyer's procurement strategy before bidding — it will set out their fair work expectations
- Living Wage Foundation accreditation provides strong evidence
- Document your workers' voice mechanisms clearly
- If you use subcontractors, consider how fair work extends through your supply chain