Call us for a free Consultation on: 0333 772 0611

Bribery

Playing it straight

It goes without saying that honest dealing should form the foundation of every business. Today, thankfully, we’re less likely to encounter some of the shady practices that often used to blight business arrangements, when it wasn’t uncommon for companies to offer extra-curricular inducements to secure contract wins. But it’s still important to be vigilant (1).

In 2010, legislation (2) was introduced to promote anti-bribery practices among businesses by making it a criminal offence to offer or accept bribes. The Bribery Act also requires businesses to prove they have adequate procedures in place to prevent acts of bribery designed to gain a commercial advantage (3). It’s important for organisations to adhere to the guidelines as sentences are harsh – the maximum penalty for those found guilty is a ten-year prison term with an unlimited fine.

All forms of bribery are proscribed

The terms of the act are clear: it’s an offence to ‘give, promise or offer a bribe, agree to receive or accept a bribe’ either here in the UK or abroad. This explicitly bars any business from either offering inducements or from accepting them, even if they haven’t been solicited.

Further, an organisation will be deemed to have committed a criminal offence if it fails to prevent any acts of bribery that are intended to gain a business advantage (4). It’s crucial, therefore, that businesses not only veto the practice but can demonstrate that policies and procedures are in place to prevent any transgression.

Adopting a defensive position

All of which means that businesses can’t simply turn a blind eye to acts of bribery. The only defence available, should a representative of the company be shown to have broken the law, is that the company can show that it took all reasonable measures to prevent the practice.

Any anti-bribery policy, however informal, should include an explanation of the legal position, a statement that any such activity would be regarded as gross misconduct (5), procedures for reporting suspected bribes and the requisite checks and balances to ensure transparency.

Refrences:

1. Anti-bribery policy - GOV.UK [Internet]. [cited 2017 Feb 23]. Available from: https://www.gov.uk/anti-bribery-policy

2. Participation E. Bribery Act 2010 [Internet]. [cited 2017 Feb 23]. Available from: http://www.legislation.gov.uk/ukpga/2010/23/contents

3. Participation E. Bribery Act 2010 [Internet]. [cited 2017 Feb 23]. Available from: http://www.legislation.gov.uk/ukpga/2010/23/section/13

4. Participation E. Bribery Act 2010 [Internet]. [cited 2017 Feb 23]. Available from: http://www.legislation.gov.uk/ukpga/2010/23/section/11

5. Can an employee be dismissed instantly for bad behaviour? | Acas Workplace Snippet September 2012 | Acas [Internet]. [cited 2017 Feb 23]. Available from: http://www.acas.org.uk/index.aspx?articleid=3905


 

Were here to help when you need it.

   "A reputation built on Success"

We offer support on a wide range of employment law and HR issues. Our dedicated adviser are here to answer your questions and help you with your concerns. Your call is free and with no oblgation. Calls may be recorded for monitoring and training purposes.

Call us today on 0333 772 0611 or request a call back

Minimize close

Request a call back

forum

Testimonials

5

Clear and professional, I was more than pleased. Would definitely recommend.

Anna

5

I received a call back from a friendly lady who gave me advice which proved really helpful I would recommend this company without hesitation.

Ellie

5

I feel so better after speaking to the employment adviser and I can’t wait to be represented at my grievance meeting soon. I am very confident now.

Sandra

5

I've had several legal advice sessions over the phone and have found a consistency in Castle Associates providing me with first rate professional legal insight.

Nick

5

Great and helpful advice.

Gary

5

Free legal advice from the adviser. Phoned exactly when he said he would. Gave me clear, straight-talking advice and pointed out my options. Really good service, would definitely recommend.

Appleby

5

Excellent service! Always professional and informative.

Naomi

5

I was looking for an employment lawyer on Google and I came across castleassociates.org.uk and when I phone the Secretary was calm and helpful take my details and promised someone would phone me back and I got the call back the employment lawyer was very helpful and professional and tell me all t

Madeline

5

I was contacted very quickly by the adviser after I filled out the online form with my question, I am very pleased with the information I was given by the adviser, I definitely recommend this company to anyone who needs support with a work issue. Very grateful.

Angela

5

I was contacted by the adviser quickly and offered impartial advice. He listened and outlined my options and his opinion helped me to decide what to do next.

Lesley