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bribery

The Bribery Act 2010 – What it Means for You

These days we’re all too aware of allegations of bribery and corruption in the business world, most recently from the Fifa scandal that continues to rumble on.

With effect from from the 1st July 2011 The Bribery Act 2010 came into force across the UK.

So what does this mean for you?

A quick overview of the Bribery Act

The purpose of the Act is to stamp out bribery and corruption in the workplace. There are three principal offences under the Act, which are:

  1. Offering or receiving a bribe
  2. Bribing a foreign public official
  3. Failing to prevent a bribe being paid on an organisation’s behalf.

Offering or receiving a bribe

Under the Act it is an offence to offer or give a financial or other advantage to someone else for the purpose of influencing them to perform their relevant function or activity improperly or as a reward for something they have already done.

By ‘improper’ the Act means performing in a way which goes against good faith, impartially or in accordance with a position of trust. A common sense approach is necessary when deciding if performance has been improper, particularly when it comes to existing hospitality arrangements.

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unfair dimissal

Qualifying period for unfair dismissal (and written reasons for dismissal) to be increased

The qualifying period for an employee to bring an unfair dismissal claim will increase from one year to two years on 6 April 2012.

The Government have introduced this to “provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process” (Resolving workplace disputes: public consultation BIS website)

The increase will apply only to employees who join your organisation on or after 6 April 2012. The current one-year qualifying period will continue to apply to employees who started their employment prior to 6 April 2012.

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