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Under the new Bribery Act 2010, which was given Royal Asent in April this year and came into law 1st July, bribery is defined as the giving or taking of a reward in return for acting dishonestly and/or in breach of the law.
Under the Bribery Act 2010 there are four possible offences:
Failure to prevent bribery
Bribing another person
Bribing a foreign public official
Your organisation may be liable for failing to prevent a person from bribing on your behalf but only if that person performs services for you in business. It is very unlikely therefore that you will be liable for the actions of someone who simply supplies goods to you.
There is a full defence if you can show you had adequate procedures in place to prevent bribery. But you do not need to put bribery prevention procedures in place if there is no risk of bribery on your behalf.
Hospitality is not prohibited by the Act.
Facilitation payments are bribes under the Act just as they are under the old law.
Have a named person responsible for anti-bribery actions
Promote an anti-bribery culture
Put in place appropriate financial controls
Review your due diligence procedures
Provide training on anti-bribery to all employees who may potentially be involved in situations where bribery could occur
Review your existing Whistleblowing policy
Review your existing gifts and hospitality procedures
Review your company's disciplinary policy and amend to make specific mention of corruption and bribery situations in disciplinary procedures.
Add a specific clause relevant to bribery and anti-corruption in contracts of employment where appropriate.
Carry out risk assessmentsof relevant situations where bribery could occur
Have you reviewed your Comapny's HR Policies within the last six months?
If your answer to this is 'No' then you should ask yourself if you and your Company would like to benefit from a free HR Audit to identify potential gaps and risks to your business.
Because UK employment law changes frequently, many Employers find they benefit greatly from regular HR audits, and with our free, no obligation HR Audit, you will not only be identifying potential gaps in your current HR set up, but will also be preventing difficult personnel problems and protecting your business from costly employment tribunals.
To arrange your free, no obligation HR Audit today, call EmployEasily HR on 0800 612 4772 or 0141 314 3947 or complete our Online HR Health Check now.
For more detailed infromation on the Bribery Act, you can read the Ministry of Justice Quick Start Guide Here: bribery-act-2010-quick-start-guide.pdf