Lincolnshire solicitors provide Bribery Act Policy for local businesses

July 14, 2011 - PRLog -- Many businesses have raised concerns about how the legislation will impact on activities such as corporate hospitality and in particular, what the new offence of ‘failing to prevent bribery’ really means.

Lincolnshire based law firm, Wilkin Chapman LLP, has responded to these concerns as Russell Eke, partner and head of corporate and commercial, explains: “The Act makes it very clear that companies are totally responsible for policing their activities, including those of their staff, to ensure that bribery does not take place.

"Under the new offence of ‘failing to prevent bribery’, businesses must demonstrate that they have ‘adequate processes’ in place to prevent bribery.  If they do not, they may face possible prosecution along with the individuals responsible for the bribe. Such individuals are defined widely under the Act, to include both employees and agents, and potentially even corporate subsidiaries.

“In order to help our clients and local businesses, we have produced an Anti-Corruption and Bribery Policy.  This Policy covers the key points of the Act and provides clear guidelines and procedures for companies to prevent bribery taking place.  It is designed to be slotted straight into company and employee handbooks and is available to buy for a nominal amount.”

The legislation defines new criminal offences of offering, paying, requesting or receiving bribes; bribing foreign officials and a corporate offence of failing to prevent bribery being undertaken on its behalf.  For businesses, the most controversial offence is the last of these, and can only be committed by commercial organisations including companies and partnerships.

Penalties under the new Act include up to 10 years in jail for individuals, such as directors, and unlimited fines for organisations, which fail to prevent bribery on the part of anyone working on behalf of a business.  

The Government’s Adequate Procedures guidance provides further details about when corporate hospitality is classed as a bribe.  It states that to bring a case relating to the provision of hospitality, the prosecution would have to show that the hospitality was intended to bring about improper performance and that this would be judged by what a reasonable person in the UK would think.

Gifts and hospitality that would not breach the Act would, for example, be corporate hospitality at a sporting event, which was made not with the intention to ‘influence’ but to raise the profile of the company in general.

It is thought that many smaller businesses will not necessarily need to do much to comply with the Act.  However, owners will need to take a proportionate approach according to the perceived risk.

To find out more about the Act, or to purchase a policy, contact: Russell Eke on 01522 512345 or email: reke@wilkinchapman.co.uk

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Notes to editor:
1.  The Anti Corruption and Bribery Policy prepared by Wilkin Chapman LLP costs £50 + VAT.  

It provides organisations with a ‘ready to use’ policy which can be inserted into employee handbooks .

2.  Wilkin Chapman LLP has 40 partners and 320 staff at 11 offices across Lincolnshire and East Yorkshire.  It is the largest law firm within the Newcastle, Norwich and Leeds triangle and prides itself on delivering a specialised legal advice and a first class client service, for a fair price, within a convenient location.

Wilkin Chapman LLP was founded in 1990 and has expanded substantially in recent years.  It now has 11 offices across Lincolnshire and East Yorkshire, with the firm’s main office situated in Grimsby.

In August 2010, the firm merged with another well known Lincolnshire law firm, Grange Wintringham, and as a result its offices in Grimsby, Louth, Horncastle, Market Rasen, Alford, Sutton on Sea and Mablethorpe are known as Wilkin Chapman Grange.  Over in Beverley, East Yorkshire, the company operates under the name of Cooper Wilkin Chapman after merging with Cooper & Wright solicitors in 2005.  In Lincoln, the firm operates under the name of Wilkin Chapman LLP.


3.  The Government’s Adequate Procedures Guidance can be found at:
http://www.justice.gov.uk/guidance/docs/bribery-act-2010-...

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Wilkin Chapman LLP is the leading law firm in Lincolnshire and East Yorkshire. We deliver an unparalleled range of legal services to both private and commercial clients who are based locally, nationally and internationally.