Pictured: Hannah Nichols
Specialist fraud lawyers from the Nottingham office Eversheds
have devised an on line anti-bribery training tool which has been
translated into 24 languages and will be adopted by 40,000 users
globally.
Hannah Nichols, associate in financial services dispute
resolution & fraud group at Eversheds based in Royal Standard
Place, led the team of lawyers which put together anti-bribery@work
- an online course designed to educate companies on new legislation
relating to the UK Bribery Act 2010.
Hannah, who has been advising a number of large Nottinghamshire
and East Midlands firms on the new Act, says the 30-minute on line
tool was developed at the request of clients. The training tool is
proving to be a phenomenal success as companies rush to find out
how the Act will affect them.
"Companies recognise that they need to protect themselves
against new offences created by the Act which, if breached, can
result in fines or imprisonment for employees and directors," she
said.
"It is vital that firms get familiar with the Act - and make
sure their employees are aware of it too. The on line training tool
teaches directors, managers, employees and agents about the
offences created by the Act, and highlights practical examples to
help staff recognise instances of bribery or corruption in
situations that feel familiar to them."
The Bribery Act creates four new criminal offences, including
giving and receiving bribes, bribery of a foreign public official,
and a corporate offence of failing to prevent bribery by an
employee, agent, or any person performing a service on your behalf,
says Hannah.
The Act defines a bribe as any 'financial or other advantage' -
which includes not just cash, but gifts, hospitality, entertainment
and favours too. This means that companies need to think
carefully about offering client entertainment or accepting
hospitality.
Hannah said: "They have to consider whether their activities are
reasonable and proportionate, and ensure they are never given with
the intent that the recipient will act improperly as a
result.
"Company directors may find themselves asking 'can I still take
clients to see the Test Match at Trent Bridge?' - and the answer is
yes. But with no set monetary threshold at which a gift
becomes a bribe, companies do need to ensure their staff are
trained to recognise the sort of offers that might fall the wrong
side of the line."
While it has always been illegal to give or receive bribes in
the UK, the Bribery Act overhauls the UK's anti-bribery
legislation, making it one of the strictest regimes in the world.
The creation of the new offences means it is now much easier
to prosecute corrupt individuals and companies.
"The recent News of the World scandal shows that bribery and
corruption can pervade every aspect of society - companies need to
act now to ensure that they have a defence if one of their
employees is acting corruptly."
The course is hosted on a system which enables the employer to
run tailored reports to show that employees received training on
anti-bribery and corruption issues. The training ends with a test
so that the employer has a report of trained employees
as proof they have acted properly.
Hannah added: "It is a cost effective way of training large
numbers of people or where employees are spread across diverse
national and international locations. The beauty of e-learning is
it is a truly global solution, allowing companies to train their
employees anywhere in the world, so long as they have a
broadband