The New "Offence"
A new offence of "failing to prevent bribery" comes
into force on 1 July 2011 and it will have an impact on employment
practices. The sanctions for organisations found guilty of this
offence include an unlimited fine.
What is the offence and what is the defence?
An offence is committed if an employee, contractor, or other
person "associated" with a company or partnership:
- accepts or offers a bribe to another person
- with the intention of obtaining, or retaining, an advantage or
business for the organisation.
The defence is that the organisation in question had
"adequate procedures" in place to try and prevent bribery
taking place. The Government has produced detailed guidance on what
procedures will be expected, but these guidelines are not
prescriptive, and much depends on the nature of the individual
organisations and the activities they are involved in (and
consequently their exposure to bribery).
