11/07/2011 HR Update - Bribery Act July 2011

The Bribery Act 2010 came into force on the 1st July 2011.  The Act is only concerned with bribery, such as giving someone a financial or another advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.

The offences under the Act are:

  • offering a bribe;
  • accepting a bribe;
  • bribing foreign officials; and
  • failure of a commercial organisation to prevent a bribe.

If a senior person within your organisation commits a bribery offence these activities would then be attributed to the organisation and your organisation could be liable. The organisation could also be liable if someone who performs services for it – for example an employee/ agent pays a bribe specifically to get business, keep business, or gain a business advantage for your organisation.

If you can show that your organisation had ‘adequate procedures’ in place to prevent bribery then you will not be committing the offence of failing to prevent it. 

The guidance is based on six principles:

  • Proportionate procedures - bribery prevention procedures should be proportionate to the bribery risks the organisation faces and to the nature, scale and complexity of its commercial activities.
  • Top-level commitment - top-level management should be committed to preventing bribery and should foster a culture where bribery is never acceptable.
  • Risk assessment - the nature and extent of exposure to potential external and internal risks of bribery should be assessed and documented periodically.
  • Due diligence - due diligence should be carried out in relation to third parties who perform services on behalf of the organisation.
  • Communication (including training) - bribery prevention policies and procedures should be embedded and understood throughout the organisation.
  • Monitoring and review - bribery prevention procedures should be monitored, reviewed and, where necessary, improved.

For further information, advice or guidance please Contact Us