LEGAL
Sophie Thring (pictured), Associate at commercial law firm Geldards, looks at a crucial piece of legislation for current and would-be exporters.
For any UK business looking to trade internationally, it is important to understand your obligations under the Bribery Act 2010 (“the Act”). Failing to do so could be a costly mistake.
Understand the risks of accepting a bribe
Under the Equality Act 2010, a disability is defined as a physical or mental impairment which “has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. Increasingly, disabilities which fall
within this fundamental definition are invisible and/or hidden to others, while being completely debilitating to those affected. Invisible disabilities include chronic
pain disorders, chronic fatigue conditions and mental illnesses and can be difficult to recognise, acknowledge and/or understand simply because symptoms aren’t always apparent. So what can employers do to support employees with invisible disabilities?
RAISE AWARENESS Encouraging awareness can have a significant impact. Asda has put up signs to encourage customers to recognise that not all disabilities are visible and to support customers suffering with conditions such as Crohn's disease, autism, anxiety and inflammatory bowel disease to support them to use disabled facilities without facing criticism. The measure was inspired by the
experience of a customer who legitimately used the disabled facilities due to suffering with a chronic condition affecting her balance. The customer had been met with hostility by another customer as the disability wasn’t immediately apparent.
‘Even in the most open and supportive working environments, employees may be reluctant to discuss their health or personal matters’
52 business network October 2017
WHAT ARE THE OFFENCES UNDER THE BRIBERY ACT? • Bribing • Receiving a bribe • Bribing a foreign public official • Failing to prevent bribery
Under the last of these offences, an organisation will be liable if a person associated with it anyone who performs services on the organisation's behalf - bribes another individual or organisation and there are no adequate procedures in place designed to prevent bribery.
WHAT CONSTITUTES A BRIBE? Broadly, the Act defines bribery as giving or receiving a financial - or other - advantage in connection with the improper performance of a position of trust, or a function that is expected to be performed impartially or in good faith. Bribery does not have to involve cash or an actual payment exchanging hands and can take many forms such as a gift, lavish treatment during a business trip or tickets to an event. It will also include facilitation payments - small sums or goods given to perform or speed up the performance of a task.
WHAT ARE THE PENALTIES? The Serious Fraud Office is the main prosecutor with responsibility for enforcing the Act. The penalties under the Act include: • A maximum prison term of ten years and/or an unlimited fine • Exclusion from public procurement • Disqualification as a director
Accommodating invisible illnesses in the workplace
Kelly Pashley-Handford, HR Manager at Spencers Solicitors, looks at how workplaces can improve conditions for those living, and working, with invisible disabilities.
SPEAK TO EMPLOYEES Even in the most open and supportive working environments, employees may be reluctant to discuss their health or personal matters, however regular interaction with staff can help. In particular - meeting regularly with staff on a one-to-one basis may provide the opportunity they need to disclose information relating to an invisible disability and can be a way to identify any arrangements, changes or adjustments that will work for the business and the individual.
PROVIDE FLEXIBILITY Flexible working practices, such as a variation of working hours, part- time working or home working - wherever possible - could make a significant difference. Equally, providing flexibility can prove
mutually beneficial in that a flexible employer can benefit from an increased level of commitment, particularly as employees often appreciate any flexibility afforded to them by their employer.
MAKE REASONABLE ADJUSTMENTS Most employers are aware of the duty to make adjustments to accommodate the needs of those with a disability. However, what does this mean in
practical terms? In a nutshell, employers are
required to understand the barriers an employee is experiencing and put adjustments in place to resolve them as far as practicable. Naturally, employers need to
involve the employee in discussions around potential adjustments as, ultimately, they are the experts on their condition.
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