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The Bribery Act 2010- 01/04/2011
Following the Government’s announcement on 30 March 2011, the new Bribery Act is due to come into force on 1 July and introduces a new strict liability corporate offence of failing to prevent bribery by individuals acting on behalf of an organisation.
The defence available for employers is to show that they have adequate procedures in place to prevent bribery and corruption.
We recommend that you have an effective Whistleblowing Policy in place to encourage your employees to report incidences of bribery in view of the severe consequences which may impact on a company if bribery has taken place.
In addition you may wish to consider updating your Contract of Employment to specifically refer to bribery and possibly a clause to state that you may terminate the employment if the employee is in breach of the policy relating to bribery.
David Campbell, FBC Manby Bowdler’s business and regulatory crime specialist, says that to defend themselves against any accusations, organisations need to ensure that they have “adequate procedures” in place to prevent bribery and has prepared a checklist for businesses to help them avoid falling foul of the new legislation - /news/checklist-for-new-bribery-act