This page includes information under the following headings:
For the purposes of the Act, bribery is defined as the giving or taking of a reward in return for acting dishonestly and/or in breach of the law.
Under the Bribery Act 2010, there are four possible offences:
- Bribing another person (section 1)
- Being bribed (section 2)
- Bribing a foreign public official (section 6)
- Failure to prevent bribery (section 7)
It is a criminal offence for an individual to give or to receive a bribe. It is a corporate offence if a business is found to have failed to prevent bribery.
Your organisation could also be liable where someone who performs services for it (like an employee or agent) pays a bribe specifically to get business, keep business, or gain a business advantage from your organisation. However, if you can show your organisation had adequate procedures in place to prevent bribery, you will have a full defence for this particular offence, and can avoid prosecution. Further information can be found in the 'possible defences' section below.
The guidance published by the Ministry of Justice details preventions that can be put in place to protect your organisation from acts of bribery.
The offence of a commercial organisation failing to prevent bribery by associated persons focuses predominantly on the private sector. However, it remains a grey area as to what functions and activities carried out by a public body could be argued to fall into the definition of ‘carrying on a business.’
The following are indirect implications that employers should be aware of:
- Private sector contractors and providers to public sector organisations are covered by the offence, so employers will need to update their contracts to refer to it
- Individuals employed by NHS Trusts may still be implicated under the individual offences
- ‘quasi-public sector’ organisations such as community interest companies, emerging clinical commissioning groups and social enterprises may, for the purposes of the Act, be determined as ‘commercial organisations’ and therefore will be covered by the corporate offence
As a matter of best practice, Trusts are advised to implement appropriate elements of the guidance to reduce the risk of unlawful acts and maintain the reputation of the organisation.
Penalties for the offence
If the ‘corporate offence’ is committed, then both the organisation and its directors can receive a sanction including unlimited fines. The possible sanction for an individual involved in bribery has risen from 7 years in prison to 10 years.
Reporting acts of bribery
The majority of Trusts already have an Anti-Fraud and Corruption Policy or equivalent – the reporting of potential acts of bribery should follow the same procedure. It is recommended that Trusts update their whistleblowing policies to cover potential acts of bribery, so employees are aware of what behaviour is unacceptable.
On suspicion of potential acts of bribery, like in instances of suspected fraud or corruption, Trusts should contact their Local Counter Fraud Specialist. In addition, Trusts can also contact their regional NHS Protect Area Anti-Fraud Specialist. For further information about NHS Protect please visit their website or email generalenquiries@nhsprotect.gsi.gov.uk.
Alternatively, acts of bribery can be reported using one of the following:
The NHS Fraud and Corruption Reporting line – 0800 028 40 60
Online Fraud Reporting Form - Report NHS Fraud website
The guidance describes six guiding principles that set out the approach that organisations should take to prevent bribery occurring in their organisation. These are:
- Proportionate procedures – designed to prevent bribery by anyone associated with the organisation and should be proportionate to the level of bribery risk to the organisation.
- Top level commitment – Senior management teams must show a commitment to preventing bribery, and promote a culture that does not tolerate acts of bribery.
- Risk assessment – An assessment of both internal and external risks of bribery to the organisation should be carried out regularly and documented.
- Due diligence – There must be effective due diligence procedures in place in respect of those involved in the organisation or carrying services out on behalf of the organisation.
- Communication – The organisation’s stance on bribery should be clearly communicated to all employees and all those carrying out services on behalf of the organisation. This should include appropriate training.
- Monitoring and review – There should be an ongoing review process that regularly monitors the effectiveness of the procedures in place to prevent bribery.
For some practical next steps in implementing these defences see the 'steps to prevent bribery' section below. For the full details of these defences, see the guidance document.
Below is a selection of steps that can be taken to help prevent acts of bribery and implement the guidance:
- Involvement of top level management – appoint a senior manager who can lead on the implementation of anti-bribery policies and procedures and produce a statement of commitment to prevent bribery in all parts of the organisation
- Know who you are doing business with – for most cases this will be through the procurement process
- Update policies and procedures by adding an anti-bribery statement to the organisation’s employee handbook / intranet – this should be adequately communicated to all staff
- Amend whistleblowing policies to make specific reference to bribery, and encourage disclosure of bribery offences
- Training / a presentation to make employees aware of the strengthened legislation around ‘bribery’, particularly in relation to corporate hospitality and the organisation’s policy on business conduct (or similar)
- Update/add a clause on bribery to the employment contract
- Ensure all employees are under an express obligation to report any potential acts of bribery, including where an employee has personally committed an act of bribery.
- Ensure recruitment checks are robust
- Add bribery to the matters covered by a disciplinary policy
- Review remuneration structures so that they comply with the new law where applicable
For further details about the Bribery Act 2010, the implications for your organisation and what steps you can take to prevent acts of bribery, please visit:
The Bribery Act - Quick Start Guide
The Bribery Act 2010 - Guidance Document