The Bribery Act 2010 was intended to come into force in April 2011, however the text of the Act is still in final form and therefore has not yet been implemented.

Although the government have said the delay in implementation will only last a few months, the Act itself may never come into force.  Nevertheless, some of the key features laid out by the Act are important considerations for any organisation, and certainly guidance that should be taken serious by employers.

The main features of the Bribery Act include the following:

1) It will be an offence to give or receive a bribe
2) it will be an offence to promise, offer, request or agree to receive a bribe.
3) it covers both public and private sectors
4) it will be an offence to bribe a foreign public official
5) It will be a corporate offence where an act of bribery occurs in connection with a commercial organisation which has failed to implement sufficient procedures.

The Act sets out several principles to prevent the above from occurring within or in connection with an organisation.

These include risk assessments, top level commitment by Managers, clear and concise procedures, diligence, effective implementation and communication of policies and procedures, and the continuous monitoring and review of the effectiveness of policies and there compliance.

Although the Act has not yet been implemented, organisations should begin to think about its features and take steps in considering bribery as a potential employment law issue within the organisation.

This may include reviewing current policies surrounding bribery, or implementing a new policy if your organisation is absent one, ensure managers and employees are trained to avoid the occurrence of bribery, and reinforce the whistle blowing policy (or introduce one) that should cover bribery.