Bribery Act 2010: Top Ten Tips

1 Have proportionate procedures

Ensure that there are proportionate procedures in place. This will be determined partly by the company’s size and factors such as the likelihood of bribery occurring. Larger companies will need to have more rigorous procedures.

2 Train directors and managers

There must be top level commitment, which means directors, managers and other senior personnel need to be informed of their obligations.

3 Carry out a risk assessment

Carry out a risk assessment such as looking at current hospitality, both given and received, to determine the likelihood of bribery occurring.

4 Carry out due diligence

Companies need to ensure that current procedures and practices adequately deal with bribery.

5 Communicate with employees

The fifth principle stresses the importance of communicating the anti-bribery policies to employees, including how it can occur and ensuring they are aware of their obligations. This would include training.

6 Monitor and review

A company needs to monitor and review the policies and any instances of potential bribery. The Act places a continuing obligation on a company.

7 Update handbooks and policies

A company would be well-advised to amend handbooks and policies to reflect the Act by including an anti-bribery policy.

8 Update contracts of employment

Companies can consider whether to make bribery an act of gross misconduct allowing a company to dismiss summarily. This would show a commitment to the prevention of bribery.

9 Document steps to compliance

A good paper trail showing the steps taken by a company could act as a defence if an employee has committed bribery.

10 Review agents and third parties

As a company can potentially be liable for acts committed by a third party, ensure that agents and other counter-parties are complying with the Act.