The Implications Of The Bribery Act At Christmas

20/12/2011

Since the implementation of the Bribery Act 2010 on 1^st July this year, employers have had the responsibility of ensuring that bribery does not take place in connection with their company in order to protect themselves from prosecution.

It is very common for businesses to give gifts and offer acts of hospitality to their clients, customers or suppliers etc at Christmas. Naturally, eyes will be focussed on these Christmas gifts in light of the Bribery Act, and employers may be wondering whether they will fall foul of the legislation by continuing with their festive tradition.

Gifts and hospitality, where they are not intended to induce or reward impropriety, are not considered to be acts of bribery. Therefore, employers need not worry excessively if the gifts they provide are intended purely to reward past good service.

In light of this, it does not matter whether the gift or hospitality has a high value or is worth just a couple of pounds, as long as the giver is not giving it to induce or reward improper performance.

Bottles of wine or boxes of chocolates sent to clients as a thank you for their valued custom will rarely land an employer in trouble.

However, employers should take the time to remind their employees of their anti-bribery ethos, and of any anti-bribery policy in operation. It is also advisable to keep a log of all gifts provided by your company, and of those received by your staff in connection with work.

There are six guiding principles that will show that an employer has considered their position with regard to bribery. These are:

• proportionate procedures;
• pop level commitment;
• risk assessment;
• due diligence;
• communication;
• monitoring and review.

For more information on these principles, please refer to issue 51 of the Bottom Line Express, dated 20^th April 2010.

 

Author:Daniel.Mulcahy@peninsula-uk.com

Comments

No comments have been posted. Be the first to comment by using the form below.

Add a comment

Your Name: *
Your Email:
Your Comment: *
Type the characters within the image into the box (Case sensitive) *