'SNP workers' rights policy is no more than feel good fluff'

It was launched by ministers in the summer of 2023 with a focus on protecting and improving workplace conditions in companies in receipt of public money.

Employers receiving public cash are encouraged to pay workers the real living wage under the guidelines.

While employment law is not devolved to the Scottish Government, the union has warned the lack of monitoring or enforcement on employers is setting back workers' rights.

Keir Greenaway, GMB Scotland senior organiser in the public sector, described the guidelines as "too weak" and "never enforceable".

He said the guidelines have now become an excuse for inaction from employers.

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"The intention to improve the rights of workers, particularly those paid with public money, was welcomed but demanded more than warm words," he told The Herald.

"We need clear and enforceable rules for employers but got rhetoric instead."

He said the UK Government's draft employment legislation showed how the Scottish guidelines could have made a difference.

The Employment Rights Bill was introduced to the House of Commons in October and is expected to be implemented in late 2026 at the latest.

If passed, it puts place in stronger protections on things like sick pay, meaning millions will be paid it from the first day they are ill.

It also will remove an existing two-year qualifying period for protections from unfair dismissal.

UK ministers described the legislative proposals as the "biggest upgrade to rights at work for a generation", but there are also concerns from business leaders about how the changes will work in practice.

Keir Greenaway (Image: GMB Scotland) In contrast, Mr Greenaway said the Scottish guidelines are merely rhetoric with no monitoring or enforcement in place.

This allows some employers to get away without putting the protections in place, he said.

Mr Greenaway added: “There is nothing to suggest firms have changed and why should they when there is no desire or mechanism to enforce these rules?

“No employer should be eligible for public money unless the meet the basic criteria but if ministers do not care enough to police the rules, why should firms care enough to obey them?

“It seems clear that the voices of workers is raised most effectively by unions and unions must now be given a bigger role in monitoring and enforcement.

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“The only reason for not giving unions that role would be if ministers do not actually want the rules to be monitored and enforced.

“The UK Government will encourage unions to be given access to workplaces and so should the Scottish Government.”

The GMB Scotland union has told employment minister Tom Arthur that contractors should be blocked from public contracts unless they pay the living wage and the tendering process to be weighted towards unionised companies with a verifiable record of fair pay and conditions.

In a letter to the minister, seen exclusively by The Herald, Mr Greenaway said the lack of monitoring or enforcement has meant Fair Work First has done little to improve workers’ pay and conditions or make work fairer.

He said: “Fair work has been woolly, feel good fluff that has failed to define any clear rights, powers or processes for trade unions.

“The Scottish Government must now not only redefine the purpose of fair work, but use it to build and strengthen the rights and powers of workers and trade unions across Scotland.”

A Scottish Government spokesperson said: “Protections for workers are at the heart of a fairer and more successful society, which is the why the Scottish Government has long been a champion of Fair Work. It is our vision for Scotland to be a Fair Work Nation by 2025.

“The Scottish Government will undertake an evaluation of our Fair Work First policy, and will be working with stakeholders, including trade unions, to understand how effectively it is being delivered and what more can be done to strengthen our approach. Updated Fair Work First guidance will be published soon.

“Ministers are clear that the best way to protect Scotland’s workers from harm is by devolving employment law. However, Ministers welcome the UK Government’s Employment Rights Bill and will work with them to ensure it can have a positive impact on workers across Scotland.”