If you or your staff give or receive gifts or financial payments or corporate hospitality as part of your business, this could be construed as a bribe. It is important to consider whether there is a risk that your business could be or be perceived to be involved in bribery, and to introduce a policy to help you manage that risk.

Such a policy will be helpful to avoid exposing you to liability, but it is also something that is increasingly looked at in the assessment of risk made on the buying or selling of a business. Bringing a policy in now, could make life easier for you if you later want to sell your business.

The Bribery Act 2010 sets out offences that an employer may be found guilty of, including:

> Bribing another person, which is generally where a person offers, promises or gives a financial advantage to another person to bring about or reward an improper performance of a relevant function or activity by another
> Bribing another person through an intermediary
> Bribing a foreign public official.
> Accepting or requesting a bribe.
> As a commercial organisation, failing to prevent bribery within your organisation.

Reasonable and appropriate hospitality or entertainment given to or received from third parties, for the purposes of establishing or maintaining good business relationships, improving or maintaining your image or reputation, or marketing or presenting your products and/or services effectively is unlikely to amount to bribery.
The potential penalties for the offences include imprisonment of individuals and substantial fines.

It will be a defence to the penalties as an employer if you can show that you took all reasonable steps to avoid bribery, which will include implementing systems to counter bribery such as: introducing an anti-bribery policy and giving training. It is also recommended that you keep a record of any gifts or hospitality given or received.

Many thanks
Kate
Posted Friday 29th of May 2015