Call us on:  0808 172 93 22

On the 12th Day of Christmas…

12th Day of ChristmasOn the 12th day of Christmas my employee said to me….  “One of our suppliers has given me a crate of wine as a thank you.”

The employer might say, “well lucky you, I didn’t know we had Santa on our supplier list, merry Christmas!”  Or they might say, “make sure you share it around the office”, and the employee is left attempting to divide 12 bottles of wine between 14 people.

Either way, there are some concerns which an employer should be aware of when a member of staff receives a generous gift:

The Bribery Act 2010 creates offences both of bribing and being bribed.  Accepting a generous gift may be considered to be accepting a bribe, depending upon the purpose of the “gift”.  For example, if the supplier gave the employee the crate of wine to guarantee their son being offered a job, this could amount to a bribe.

These policies would not usually ban employees from accepting gifts.  Guidance will however be given as to what procedure the employee should follow.  For example, a monetary limit on gifts which employees can accept without notifying the employer and what to do if employees receive gifts over this amount can be explained.

Having a procedure which employees are required to follow could help to identify potential bribes.

If an employee considers that the gift is in fact a bribe, they may raise this with the employer by following the procedure set out in a whistleblowing policy.  Any such whistleblowing complaint should be fully investigated.  If an employee does raise such a complaint, they are likely to have additional protection if they suffer a detriment in the future (for example, dismissal) as a result of their whistleblowing.  An employee does not need to have two years’ service to bring a whistleblowing claim.

To manage any potential bribery risks, an employer should ensure they have in place an anti-bribery policy, whistleblowing policy and hospitality and gifts policy and that employees are aware of these policies and how to use them.

Merry Christmas!

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.

Updated: by FG Solicitors
Call us on:  0808 172 93 22

ON THE 12TH DAY OF CHRISTMAS…

12th Day of ChristmasOn the 12th day of Christmas my employee said to me….  “One of our suppliers has given me a crate of wine as a thank you.”

The employer might say, “well lucky you, I didn’t know we had Santa on our supplier list, merry Christmas!”  Or they might say, “make sure you share it around the office”, and the employee is left attempting to divide 12 bottles of wine between 14 people.

Either way, there are some concerns which an employer should be aware of when a member of staff receives a generous gift:

  • Could this be a bribe? 

The Bribery Act 2010 creates offences both of bribing and being bribed.  Accepting a generous gift may be considered to be accepting a bribe, depending upon the purpose of the “gift”.  For example, if the supplier gave the employee the crate of wine to guarantee their son being offered a job, this could amount to a bribe.

  • What does the employer’s hospitality and gifts and/or anti-bribery policy say? 

These policies would not usually ban employees from accepting gifts.  Guidance will however be given as to what procedure the employee should follow.  For example, a monetary limit on gifts which employees can accept without notifying the employer and what to do if employees receive gifts over this amount can be explained.

Having a procedure which employees are required to follow could help to identify potential bribes.

  • What does the employer’s whistleblowing policy say? 

If an employee considers that the gift is in fact a bribe, they may raise this with the employer by following the procedure set out in a whistleblowing policy.  Any such whistleblowing complaint should be fully investigated.  If an employee does raise such a complaint, they are likely to have additional protection if they suffer a detriment in the future (for example, dismissal) as a result of their whistleblowing.  An employee does not need to have two years’ service to bring a whistleblowing claim.

To manage any potential bribery risks, an employer should ensure they have in place an anti-bribery policy, whistleblowing policy and hospitality and gifts policy and that employees are aware of these policies and how to use them.

Merry Christmas!

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.