The Bribery Act prohibits the paying and receiving of bribes, and in private corporations, failing to prevent bribery. Originally scheduled for enforcement last October, then postponed until April, the Act finally came into force on 1 July following publication of Government guidance three months previously. 

Failing to prevent bribery is an offence under the Act, punishable by unlimited fines for companies and the possibility of a 10-year prison sentence for directors. The only defence is having “adequate procedures” in place to prevent bribery.

The quick start guidance says these procedures should be proportionate to the risk and that there is no need for organisations to have extensive written documentation or policies. It says employers’ “existing controls over company expenditure, accounting and commercial or agent contracts” may already be adequate, although larger organisations need to be able to demonstrate that line managers are “fully committed to the objective of preventing bribery”. Small businesses may only need to remind key staff verbally about anti-bribery policies.

Organisations are not required to comply with the anti-bribery procedures of their business partners in order to rely on the “adequate procedures” defence.

Latest news
Bribery Act comes into force
The Bribery Act, which makes it easier to prosecute companies who make corrupt payments at home and abroad, has come into force.

Bribery Act to hit oil and gas hardest, finds research
The oil and gas industry has topped a list of sectors expected to be hit hardest by the Bribery Act, research from Ernst & Young has shown

Bribery Act may exempt UK-listed foreign companiesForeign companies listed in London could be exempt from prosecution under the new Bribery Act, according to reports.

Bribery Act guidance "deplorable" say ethical campaigners
The UK’s anti-corruption watchdog has criticised Bribery Act guidance, published today, as “deplorable for weakening the Act”.

The Bribery Act
Feature from the April 2011 edition of PM.

Bribery Act delayed for second time
Ministry of Justice misses deadline for issuing guidance

Implementation of Bribery Act to be reviewed
Act will be re-examined as part of efforts to ease burden on business

Bribery Act to be delayed until April 2011
Ken Clarke to launch further consultation after employers voice concerns

Anti-bribery law puts onus on firms
Law will come into force in October 2010

Employment law advice

Bribery Act a ‘thank you’ – or an illegal incentive?
Legislation coming into force next April means organisations face strict liability for any bribery within their operations

New Bribery laws have major implications for employers
Organisations that fail to prevent bribery occuring could be liable under the new 'bribery bill'

Useful links

Bribery Act 2010

Ministry of Justice

CIPD