Member Article

Tipster: Bribery Act

The Tipster has noted the first conviction under the Bribery Act 2010.

We recently rolled out a seminar on this key issue for employers. The first conviction involved a Magistrates Court clerk who was paid £500 not to record a driving offence on a court database.

The maximum sentence under the Act is 10 years in prison and the person in question was bailed until 11 November when he will be sentenced.

Readers are reminded to ensure that all staff are aware of the provisions of the Bribery Act. Employers finding out that there has been a breach of the legislation must take internal as well as external steps to ensure that acts of bribery are dealt with.

Often it is difficult for employers to run disciplinary action alongside criminal procedures but it is not automatically the case that they must await the outcome of a criminal investigation before employment related action can be taken.

Employers must be diligent in ensuring that they are consistent. It is no good turning a blind eye to the transgressions of senior management and just punishing more junior employees. Any policy in relation to dealing with issues under the Bribery Act must sit alongside whistleblowing legislation so that people who do want to formally raise concerns regarding members of staff who are acting contrary to the law have a procedure through which they can articulate their concerns.

For further information about this tip or to learn more about Crutes’ services contact David Gibson on 0191 233 9762.

This was posted in Bdaily's Members' News section by David Gibson .