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Company’s that fail to prevent bribery occurring could be liable under the new ‘bribery bill 2010’ with heavy financial penalties and with the potential for individual directors to go to jail for up to 10 years and Directors or senior managers who collude with bribery by their employees may also be liable. The bill is in response to international criticism of the UK’s failure to act against corruption and it will replace the UK’s disjointed anti-bribery laws. The bill is currently going through parliament and although likely to be subject to amended is expected to come into force at the end of 2010.
Offences
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bribing another person (giving or offering a “financial or other advantage” to procure or reward “improper exercise” of a public or business activity);
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requesting, accepting or receiving a bribe;
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bribing a foreign public official to win or retain business; and
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failure by a commercial organisation to prevent bribery by a person who provides services to it (Globally).
Put in place adequate safeguards
Companies could find themselves liable if they fail to prevent bribery particularly by those that provide them with services for example, Consultants, Agents or Consultants and this is globally. But will have a defence if they can show they had adequate procedures in place to prevent bribery.
Although this is not Employment Legislation good employment practices will act as defence and depending on the size and nature of the business, here are a few points to consider.
Employee Handbook
It is good employment practice for Companies to have an Employee Handbook which outlines to employees the Company’s expectations. The handbook should contain Policies and procedures and should be reviewed to include bribery. Examples of policies to review include, Code of Conduct outlining expected standards of conduct, Disciplinary to include act of Bribery as Gross Misconduct and Whistle blowing policies, where there are allegations of bribery. Please note that all Whistle blower reports should be thoroughly investigated as Employment Tribunals from April 2010 have the power to disclose whistle blowers allegations to the regulators. Expenses policies should be reviewed to clarify the company’s expectations of employees for expenses that are incurred whilst entertaining business contacts, receipt of gifts and hospitality.
Contracts of Employment/Consultants/Contractors
All contracts relating to employing staff, consultants and contractors should be reviewed to ensure that they include clauses prohibiting bribery. It may be advisable to seek professional advice to ensure legal compliance.
Induction Training
The Company’s stance on bribery should be an integral part of any Induction process along with the employment handbook, good employment practices and training.
Review Intranet/Website
Post the measures your company proposes to take in response to not tolerating bribery and corruption and review your website and any external communications in line with your policies.
Anti Bribery Policy
For most Companies reviewing or putting in place an Employee Handbook that covers the new legislation should be adequate. However for Companies that potentially could be high risk due to the size and or nature of their business then it may be advisable to implement an Anti Bribery Policy. The policy should then be communicated to all employees and then be part of any future Induction Programmes for new employees. The policy should be reviewed on a regular basis to ensure that it takes into account any amendments to legislation and any case law.
Communication
It is essential to communicate the Anti Bribery measures/policies/processes to all employees through training, on the Intranet, website, notice boards or works councils so that your systems are clearly visible.
Seek professional Advice
If you are unsure of or need advice in amending contracts, employee handbooks then seek professional advice.
Flexible HR Ltd
Suzanne Bolwell-Davies is a Co-founder of Flexible HR Ltd. She has more than 20 years experience working in Human Resources and Development with a wide range of companies at an International level in the private sector as well as the public sector. Suzanne is a Chartered Fellow of the Chartered Institute of Personnel and Development FCIPD.
As a Human Resources Professional; Suzanne has experience and a successful track record in all areas of Human Resources and Development, from recruitment and selection, advising upon terms and conditions of employment and employment policies, disciplinary, disputes resolution and TUPE. She has a special interest in managing change, restructuring, organisation design and delivering the Company’s outplacement service including career development programmes, she is also British Psychological Society (BPS) Level A and B qualified to administer a wide range of Psychometric tests.
Suzanne is an enthusiastic and active Branch member for the CIPD Essex and Ipswich Branch, as well as being Chair of the Central Essex Group. She runs the Groups mentoring programme as well as personally providing mentoring support for junior members.
Samantha Mottis a Co-founder and Director of Flexible HR Ltd. She has 20 years experience working in Human Resources within both private and public sector organisations and is a Chartered Member of the Chartered Institute of Personnel and Development MCIPD. She is also a member of the Specialist Society of Paralegals in employment law MSSP. Sam is qualified to Level 1 and 2 to deliver Saville and Holdsworth ability and psychometric tests. Sam also possesses three health and safety qualifications.
Sam has experience and in all areas of Human Resources and specialised in recruitment for three years for a large blue chip company. She has also worked in an HR/Health and Safety Consultancy for 3 years for a variety of small/medium companies. Her other experience spans all areas of HR including employee relations, compensation and reward, recruitment, change management and the Companies outplacement service including career development programmes.
Sam is the Branch Chair and Council Representative for the CIPD Essex and Ipswich and Docklands Branch developing close links with the CIPD, as well as being Vice Chair of the Central Essex Group, ensuring that a wide variety of events and information is delivered to members.
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