The Bribery Act 2010 came into force on 1 July 2011 and will impact on how your business does business with others.
You and your staff need to know what this means for you and be aware of the “do’s” and “don’t’s”. Some of the key points are:
- The Act specifically is concerned with bribery and it is a defence for a business to show that it had “adequate procedures” designed to prevent persons associated with it from bribing another person to obtain, or retain, business or an advantage in the conduct of its business.
- Bribery for the purposes of the Act will include: “any provision of a financial or any other advantage to a person to perform their functions or activities improperly”. Offences under the Act include paying bribes and receiving bribes.
- The ability to provide corporate hospitality remains permitted under the Act. It is not the intention of the Act to outlaw “reasonable and proportionate hospitality” expenditure. What is reasonable and proportionate may well be different from one business to another so the matter will require to be considered by you and an appropriate policy put in place for your organisation now.
- Any improper undertaking made from an employee associated with your businesses could be attributable to your organisation.
What should businesses do?
It is imperative that your organisation has adequate procedures and a suitable policy in place to deal with provisions of the Act.
Training for managers and employees is also necessary to ensure that you have the best possible defence against any challenge or alleged offence under this new law.
Please feel free to contact any member of bto’s employment team and we will provide assistance in reviewing your existing policies or preparing new policies tailored to the specific needs and requirements of your business.
Contact:
Caroline Carr
Accredited Specialist in Employment Law