On 30 March 2011, the Government published Bribery Act 2010: Guidance about commercial organisations preventing bribery (PDF format, 0.38MB) (on the Ministry of Justice website). The Government was required to publish this guidance under s.9 of the Bribery Act 2010. Under the Bribery Act, which is due to come into force on 1 July 2011, employers may be liable for acts of bribery carried out by their employees and "associated persons" (defined in the Act) who provide them with services. However, they will have a defence if they can show that they have adequate procedures in place to prevent bribery. The Ministry of Justice document gives guidance about procedures that commercial organisations can put in place to prevent bribery.
The current series of XpertHR’s Topic of the Week (subscription required) looks at the Bribery Act 2010. The first article in the series, written by Sarah-Marie Williams and Rachel Cropper-Mawer of Clyde & Co LLP provides an overview of some of the main provisions in the Bribery Act and key points in the Government’s Bribery Act guidance. The next article in the series will look at the principles in the guidance for setting out anti-bribery procedures and practical implications for employers. There will also be a case study around the Bribery Act and a checklist.
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