The Bribery Act
Understanding the Act and Minimising Risk of Prosecution
The Bribery Act 2010, effective from 01 July 2011 has significant implications for schools, colleges and employers; from 01 July 2011, all businesses and organisations are accountable for ensuring the actions of their employees do not breach this legislation.
Where an offence is proved to have been committed with the consent or connivance of a "senior officer" of the institution, both that person and the institution can be prosecuted.
Whilst most schools and colleges would probably not expect to have to review their business practices in light of the legislation, the Bribery Act creates offences which can impact as heavily on education providers as they can other businesses.
For example, do your staff know the dividing line between a gift to a customer and a bribe?
We are aware of a case where an individual at an academic institution was offered a payment by a student in return for arranging the award of a PhD needed for the student's career advancement. This is easily identifiable as a bribe. But what of the apparently generous donor who demands a controlling place on the board of the new research institute they are funding, together with the right to insist on the courses offered and even admission of students? There are particular risks in relation to international activities. For example, what due diligence is undertaken on overseas agents or intermediaries?
The Bribery Act covers four distinct but related offences
- offering, promising or giving a bribe
- requesting, agreeing to receive or accepting a bribe
- bribing a foreign public official to obtain or retain business
- failing to prevent bribery by not having "adequate procedures" in place.
As is often the case with legislation, it is not always clear which actions are within the law and which are not - for example in customer hospitality, it is quite feasible that a customer offered a free seat at Ascot by one company could be seen as a breach of the legislation, whilst the same customer being offered an identical seat by an alternative company would not.
As a minimum, all institutions need to review the adequacy of their existing systems, policies and training. Updating policies, procedures and manuals, together with the effective training and monitoring of staff is likely to be essential now, but especially so where schools, colleges and businesses have employees who are responsible for attracting work, are negotiating contracts or ensuring contract achievement.
Areas when breaches could occur may include:
- setting up or working with foreign schools, offices, agents or businesses
- potential for common practice abroad to constitute bribery under the act
- implications of employees or agents becoming involved in local practices, which may constitute offences under the Bribery Act.
- working with suppliers and contractors
- incentives, rewards and perks for the issue, renewal or maintenance of a contract
- catering, cleaning, maintenance
- accessing Government funding
- accepting contributions to school, college or organisational funding
- equipment, good, services, gifts in kind
- pupils promotion to sports captain, head boy/girl etc
- amendments to entry requirements
- access to preferential services
- access to Board of Governors
- Corporate Hospitality
- what is acceptable what is not
This workshop explores the legislation in some detail explaining what is permissible and what is not. In doing so it aims to provide clear and concise guidance to HR and operational managers from all sectors and businesses.
This workshop is designed for HR and Operational Managers from all business and organisations including Local Authorities, Schools, Colleges, Universities and Private Providers
Aims and Objectives
Delegates attending will have a clearer and practical understanding of:-
- bribery and its consequences
- the rationale for and detail of the Bribery Act 2010
- critical compliance issues for any organisation or company
- critical issues for particular types of organisation or company
- how to develop and manage Bribery Act policies and procedures in house
- how to carry out a Bribery risk assessment
- how to consider external stakeholders and/or providers of goods, facilities and services
- law enforcement frameworks
- how to obtain further information and advice or help
1. Understanding Bribery
- Understanding the context – a look at how bribery is defined and how it presents itself using real case studies.
- What constitutes bribery?
- Could corporate hospitality constitute bribery?
- What about donations?
2. The Bribery Act
- What is the purpose of the Bribery Act?
- What are the new offences created under the Act?
- How bribery is to be regulated / understanding what the internal and external risks could be to your organisation or company
3. Meeting The Act, Minimising Risk and Avoiding Prosecution
- The six key principles for best practice for compliance with the Bribery Act
- Third party due diligence and 'elephant traps'
- A focus on how bribery can occur and the policies you needed to manage the risk of bribery
- How to carry out and implement a bribery risk assessment toolkit with 12 top practical tips for a compliance checker
- How else might a company or organisation avoid prosecution?
- Issues for specific types of organisation and companies
- Issues for organisations involved in public procurement
- Engaging staff with the importance of managing bribery
- Enforcement Framework – The Ministry of Justice and Serious Fraud Office
- Sources of help and further information
Internal Staff Training and Development
This workshop, as with most of our good practice workshops, can be delivered on your premises. This approach is favoured by many of our clients as it provides a quality, value-for-money and highly effective route for staff development.
Running workshops internally, allows participants explore how key issues will impact on them and their organization and as a team begin to agree development action and priorities.
Typical costs for a one day good practice workshop, excluding VAT, are just £1290 + £30/person. Even with groups as small as 6 costs per person costs for internal workshops are lower than attending our open events and savings increase further when delegate travel-time costs and convenience are factored in.
More information at:
Certificates of Professional Development.
Formal Certificates of Development will be issued, by post, to participants who complete this workshop. These certificates will detail the key learning aims and the face-to-face learning hours undertaken, enabling participants to update their CPD records and logs accordingly. The workshop also allows time, during the day, for participants to reflect on and record their personal learning development and consider how best to apply the knowledge gained on return to work. This element of the programme is designed to maximise the benefits from attending and enable participants to make better review judgments when recording their CPD activities.