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We understand that the long awaited Ministry of Justice guidance on the Bribery Act 2010 may finally be released as early as next week. However a draft of the guidance appears to suggest that foreign companies listed on the UK stock market but with no other presence in the UK may have little to fear.
It is suggested that these foreign companies may gain an advantage – some would say unfair – over UK companies as the guidance suggests that they may not be liable for prosecution under the Act. The change in treatment of these companies comes after pressure from the London Stock Exchange and investment banks which generate millions from foreign listings. Some might think it ironic that the government should consider reining back the scope of the Bribery Act for a financial gain!
Nevertheless, this highlights the competitive pressure that has compelled the Government to review the Act before implementation.
Firms will have 3 months from the date of the release of the guidance to prepare for the full force of the Act but they should not delay in their preparation.
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.
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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”.
Following a consultation last year on a draft form, the Department for Education (DfE) has now published extensive guidance for schools and colleges in relation to security.
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