Fair Work First

From 1 July 2023, Bòrd na Gàidhlig and other public bodies are required to ensure that recipients of grants, are in compliance with the Scottish Government’s Fair Work First Policy. Full information and guidance about the policy is available on the Scottish Government’s website here: https://www.gov.scot/publications/fair-work-first-guidance-2/

This policy requires that organisations in receipt of public funds in Scotland:

Pay at least the real Living Wage (currently £12 per hour, as determined by Living Wage Scotland and publicised at https://scottishlivingwage.org/)
Provide appropriate channels for effective workers’ voice, such as trade union recognition;

And are strongly encouraged to:

Invest in workforce development;
Ensure no inappropriate use of zero hours contracts;
Take action to tackle the gender pay gap and create a more diverse and inclusive workplace;
Offer flexible and family friendly working practices for all workers from day one of employment; and,
Oppose the use of fire and rehire practice

If you are applying for a grant, you will need to confirm at the point of application that you will comply with the policy and if you are awarded a grant you will need to provide evidence that your organisation is in compliance with the Fair Work First policy both:

At the point of award (i.e. when you are issued with a letter of offer); and
On submission of the final grant report

The real Living Wage requirements of the Fair Work First policy apply to individual grant recipients who receive support for projects (which excludes those receiving support through our Education Grants scheme or our Colmcille Irish Course support scheme), however the Effective Workers’ Voice requirements do not.

It is important to note that if you are an organisation in receipt of funding, and are working with any partner organisations or contractors, that you will need to ensure that those partner organisations or contractors also comply with the Fair Work First policy.

Information about the evidence we will require is available below:

Real Living Wage

All grant recipients will be required to pay the real Living Wage to all staff, apprentices, contract/agency workers or freelancers that are over the age of 16 and resident in the UK.

If you are awarded a grant of less than £100k, you will need to either:

Provide evidence that you are an accredited Living Wage organisation; or
Complete a self-declaration (which will be issued to you when awarded funding) to confirm that you pay the real Living Wage

If you are employing apprentices, 16 or 17-year-old workers or contracted or agency staff, you must provide a self-declaration even if you are an accredited Living Wage organisation.

If you are awarded a grant of £100k or more, if you directly employ staff you will need to provide either:

Evidence that you are an accredited Living Wage organisation;
An anonymised copy of payroll; or
A signed certificate from your accountant confirming that you pay the real Living Wage

If you are employing apprentices or 16 or 17-year-old workers, you must provide either:

An anonymised copy of payroll; or
A signed certificate from your accountant confirming that you pay the real Living Wage

If you are employing contracted or agency staff, you must provide an anonymised copy of the contract for relevant contractors or agency workers.

Effective Workers’ Voice

If you are an organisation that employs staff on a formal employment contract (even if only 1 or 2), you will need to provide evidence that you provide your staff with an effective workers’ voice, to recognise the importance of collective bargaining and social dialogue, improving terms and conditions, worker wellbeing and developing progressive and fair work places.

In reference to the table below, organisations with 20 or fewer staff must provide evidence that they provide at least one channel at the individual level, and organisations with 21 or more staff must provide evidence that they provide at least one channel at the individual level and one channel at the collective level.

Voice Channel	Level	Evidence
Line Management Relationship (i.e. effective 2-way dialogue through 1:1 relationship)	Individual	Written confirmation from trade union/worker representative(s) that there is opportunity for regular 1:1 open and two-way dialogue between line managers and their direct reports; that this dialogue exists separately to standard performance review processes; and that worker-manager working relationships are effective.
Staff / Engagement Surveys	Individual	Written confirmation from both management and trade union/worker representative(s) that an appropriate survey is regularly undertaken and can demonstrate that feedback is provided to workforce and actions created and implemented to address this.
Suggestions Schemes	Individual	Written confirmation from both management and trade union/worker representatives that a scheme exists and examples provided of improvements made as a result.
Intranet/Online Platforms	Individual	Written confirmation from both management and trade union/worker representatives that an internal platform exists that allows worker contribution to strategic discussion and examples provided where input is acknowledged and acted upon.
Staff Forums / Networks	Collective	Written confirmation from both management and trade union/worker representatives that network(s) and/or a forum exists, meets regularly, supports open dialogue and is action focussed. Examples of actions progressed should be provided.
Trade Union Recognition/ Collective Bargaining	Collective	Copy of Recognition Agreement.
Access is provided to trade unions / Pro union Membership attitude is demonstrated	Collective	1) Trade union(s) confirm that access is granted to recruit and organise members. And/or: 2) Workers are aware that the employer is happy for them to join a union of their choice (e.g. through induction materials, clause in contract).
Joint Consultative Committee/s (JCC)	Collective	Written confirmation from both management and trade union/worker representative(s) that JCC/s exist and examples of issues covered.
European Works Councils (EWCs)	Collective	Papers from EWC demonstrating membership and active participation.

If you have any questions about how the Fair Work First policy will apply to you and your grant, please feel free to get in touch with us at tabhartas@gaidhlig.scot