Legal
companies. So long as they provide appropriate and proportionate training to staff and management lead by example, they probably won’t fall foul of the Act. Larger companies may need to put more detailed procedures in place to avoid liability.
So, since the Act became law on 1 July 2011, smaller companies in the rail industry can breathe a sigh of relief, as can larger ones to a degree, as corporate hospitality will clearly live on. However, the first conviction means employees need to be wary of accepting or offering corporate hospitality and companies have to make sure that employees are aware of this.
Bribery Act 2010: Top Ten Tips The initial starting point is the importance of complying with the six guiding principles.
1. Put in place proportionate procedures The first principle is to ensure that there are proportionate procedures in place. This will be determined partly by the size of the company and also factors such as the likelihood of bribery occurring. Larger companies will need to have more rigorous procedures in place.
2. Train directors and managers The second principle is that there must be top level commitment, which means directors, managers and other senior personnel need to be informed about their obligations.
3. Carry out a risk assessment The third principle is to carry out a risk assessment which would cover matters such as looking at current hospitality, both given and received, to determine the likelihood of bribery occurring.
4. Carry out due diligence The fourth principle requires that companies ensure, for example, that current procedures and practices adequately deal with bribery.
5. Communicate with employees The fifth principle stresses the importance of communicating the anti- bribery policies to employees, including how bribery can occur and ensuring that employees are aware of their obligations. This would also include training.
6. Monitor and review
The sixth principle stresses the need for a company to monitor and review the
policies and any instances of potential bribery. The Act places a continuing, not static, obligation on a company.
Update handbooks and policies A company would be well-advised also to amend handbooks and policies to reflect the Act by including an anti-bribery policy.
Update contracts of employment Linked in with tip 7, companies can consider whether to make bribery an act of gross misconduct, allowing a company to dismiss summarily. This would show a commitment to the prevention of bribery.
Document steps taken to comply with the Act
A good paper trail showing the steps taken by a company could act as a defence if an employee has committed bribery.
Review agents and other third parties As a company can potentially be liable for acts committed by a third party, ensure that agents and other counterparties are complying with the Act. Claudia Gerrard is a legal consultant at Excello Law. You can call her on 07447 985647 or email her at:
cgerrard@excellolaw.co.uk
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