30th June, 2011
The Bribery Act 2010 will come into force on 1 July 2011.
The Bribery Act’s aims are to modernise and simplify the law on bribery to allow prosecutors and the Courts to deal with it more effectively. The Bribery Act, as well as creating offences that may be committed by individuals also sets out an offence that may be committed by “commercial organisations”.
The Bribery Act 2010 has introduced four new criminal offences which are:
1. Bribing another (Section 1) 2. Being bribed (Section 2) 3. Bribing a foreign public official (Section 4) 4. Failure of a commercial organisation to prevent bribery by an “associated person” for its benefit (Section 7).
Should individuals breach the Bribery Act 2010 they face up to 10 years imprisonment. If commercial organisations breach the Bribery Act 2010 they can be fined an unlimited amount and prevented from tendering for public contracts.
There are several key issues that employers need to be conscious of in relation to the Bribery Act 2010 and its application on the employer’s workforce. These issues relate to recruitment, expenses, gifts and hospitality, disciplinary procedures, bonus and commission schemes, whistleblowing policies, investigating a concern and discrimination issues.
The Guidance About Commercial Organisations Preventing Bribery, sets out six key principles intended to give commercial organisations a starting point for planning, implementing, monitoring and reviewing their anti-corruption and bribery policies and procedures. These principles are proportionate procedures, top level commitment, risk assessment, due diligence, communication and training, and monitoring and compliance.
To minimise the risk to your business, Aaron and Partners Employment Team will draft a bespoke anti corruption and bribery act policy for a low fixed fee. If you already have an anti corruption and bribery act policy we will review it for FREE, and advise if any changes are required.
Aaron & Partners LLP’s Employment Team can also review (for FREE) your business’ disciplinary and recruitment policies in line with the Bribery Act 2010. We can also provide training for your managers, supervisors and directors on the anti corruption obligations on your business and its workforce, for a low fixed fee.
Please do not hesitate to contact us to arrange for us to review your policies and/or draft an anti corruption and bribery policy for your business, or should you have any other queries on anti corruption and bribery in the workforce.
If you would like to receive a set of the slides from our recent Bribery Act seminar please email Scott Hadden by clicking here
Employment Team Leader
01244 405 565
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