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The new offence, which comes into force in April 2011, of “failing to prevent bribery” is a particular concern for businesses. This week there has been a discussion as to whether EU procurement rules, which could ban convicted companies from bidding for large public contracts if the company has been convicted of a bribery offence, will be disapplied in circumstances where despite a management failure to prevent bribery, there was no intention to commit an offence.
The Law Society recently published its response to proposed guidance on ‘adequate procedures’ a company needs to take to prevent persons associated with them from engaging in bribery. They make a number of recommendations and state they are ‘concerned that, particularly for smaller firms, the lack of practical guidance will make putting in place adequate procedures difficult’.
The Bribery Act is undoubtedly a step forward in reducing corruption in business transactions, however many businesses are concerned that without clear, practical guidance UK firms will be at a competitive disadvantage.
Statistics released by Eaton indicate that 1 in 4 Universities have received complaints about fire safety issues or building evacuation procedures from students, staff or members of the public in the last 5 years.
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Nazareth Care Charitable Trust which operates a care home in Bonnyrigg, Scotland, recently received a fine after a resident at one of its care homes suffered a fatal injury after falling down a flight of stairs.
Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.
The University of Edinburgh has been fined £10,000 for allowing animal research workers to be exposed to laboratory animal allergens “LAA”.
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