Scotland

Fair Work First in public procurement

How Fair Work First applies when bidding for Scottish public sector contracts, including the sustainable procurement duty and scored criteria.

Guide summary

When bidding for Scottish public contracts worth £50,000 or more, you must show you pay the Real Living Wage and have fair work practices. Public bodies may score this as part of their tender evaluation. In 2022/23, 41% of regulated contracts included a scored Fair Work First criterion.

  • Check if the contract is regulated: goods/services £50,000+, works £2 million+
  • Show you pay the Real Living Wage to workers on the contract
  • Provide evidence of workers' voice channels (trade union, staff forums)
  • Offer flexible and family-friendly working policies
  • Invest in workforce development, training, or apprenticeships
  • Address gender pay gap and workplace diversity
  • Review the buyer's procurement strategy before you bid
  • Get Living Wage Foundation accreditation to strengthen your evidence
  • Document how fair work applies to your subcontractors
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Related guides in Growth & Strategy

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

Procurement guidance