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.

Scotland
Guide summary

When bidding for Scottish public sector contracts, you must show fair work practices like paying the real Living Wage and having worker voice channels. Contracts over £50,000 for goods/services or £2 million for works must include fair work criteria. Check the buyer's procurement strategy for their requirements.

  • Show fair work practices when bidding for contracts
  • Pay the real Living Wage to workers on contracts
  • Provide worker voice channels like staff forums
  • Offer flexible working and training opportunities
  • Contracts over £50,000 (goods/services) must include fair work
  • Works contracts over £2 million must include fair work
  • 41% of contracts scored fair work in 2022/23
  • Public bodies spending £5m+ must publish fair work strategy
  • Check buyer's procurement strategy before bidding
  • Living Wage Foundation accreditation helps evidence compliance
On this page
Scotland

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