Legal Ease

BRIBERY BILL IS DUE TO COME INTO FORCE BY END OF 2010 – SO WHAT WILL THIS MEAN TO EMPLOYERS?

Tough new laws, which are designed to clean up corruption in business, are expected to be introduced by the end of 2010.

The Bribery Bill is currently going through Parliament (and may be subject to further amendments) proposes four offences:

1. Bribing another person (giving or offering a “financial or other advantage” to procure or reward “improper exercise” of a public or business activity)
2. Requesting, accepting or receiving a bribe
3. Bribing a foreign public official
4. Failure by a commercial organisation to prevent bribery by a person who provides services to it. This offence will be the biggest concern to employers, as employers could find themselves liable for failing to prevent bribery committed by those who provide them with services.

However, employers will have a defence if they can prove they had “adequate procedures” in place to prevent bribery. The legislation does not provide a definition of such procedures, but the government has said it expects firms to take a “proportionate, risk-based approach to bribery prevention”. The correct approach will depend on the size and nature of each business.

It is advisable for businesses to take practical steps now e.g. reviewing handbooks, any intranet sites containing statements of values and ethics, the adequacy of any existing procedures and, if necessary, introduce a new anti-bribery policy.

The Company’s disciplinary policy may need amending so that it is clear that making or receiving a bribe will be considered a gross misconduct offence. Similarly, contractual documents for employees, consultants, contractors etc may have to be amended and reissued to include clauses prohibiting bribery.

The Company’s whistle-blowing policy should enable staff to report any acts of bribery - ideally via a confidential hotline. Employers need to investigate all reports especially now that employment tribunals have the power to disclose whistle-blowers’ allegations to the regulators.

NEW RULES GIVING EMPLOYEES THE LEGAL RIGHT TO REQUEST TIME OFF FOR TRAINING

The Time to Train regulation, which came into force on 6 April 2010, requires employers to respond to requests for time off to train within a set time. If training is not granted then the employer must explain why. Initially the rules apply only to businesses which employ more than 250 people, but this will change from April 2011 to include all employers.

Under these new regulations, employees can request to embark on any training they feel will improve both the employers and their own business' performance.
The employer is not obliged to pay for the training or pay the employee for the time spent training.

As an employer, you must respond to a valid request, within 28 days, by either:
· accepting the request and informing the employee of your decision in writing
· meeting with the employee to discuss their request, and within 14 days of that meeting, inform the employee of your decision in writing

You may only refuse an employee's request for time to train for one of the following business reasons:
· the proposed study or training would not improve the employee's effectiveness in your business
· the proposed study or training would not improve the performance of your business
· the burden of additional costs
· agreeing to the request would have a detrimental effect on your ability to meet customer demand
· you would be unable to reorganise work among existing staff
· you would be unable to recruit additional staff
· agreeing to the request would have a detrimental impact on quality
· agreeing to the request would have a detrimental impact on performance
· there would be an insufficiency of work during the periods the employee proposes to work
· there are planned structural changes during the proposed study or training period

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You should seek specific advice before taking any action based on the information contained in this document.While every care has been taken in compiling these notes, FirstHR cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.