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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44358
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a friend who has accepted money from suppliers to the

Customer Question

I have a friend who has accepted money from suppliers to the value of several thousand pounds what is their legal position should their former employer prosecute.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What have they accepted money for please?
Customer: replied 2 years ago.

They organise subcontracted building work

Expert:  Jo C. replied 2 years ago.

But why shouldn't they do that? Sorry if I'm missing the point.
Customer: replied 2 years ago.

Hi Jo, sorry bit loose. They have gifted him this is not part of the contracted price and it is paid directly to him, not to the company who he works for. it is essentially a bribe to ensure future work

Expert:  Jo C. replied 2 years ago.
At the company's loss?
Customer: replied 2 years ago.

I assume this could be argued, because the sub contractor y had been a supplier to the company before he became responsible for the allocation of work.

Expert:  Ben Jones replied 2 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today. I have been asked to look at this as Im an employment specialist. How long has he been employed?
Expert:  Ben Jones replied 2 years ago.
I will provide my response now anyway. The issue of bribes is dealt with under the Bribery Act 2010, which states that the following amounts to bribery:

"Offering, promising, giving or accepting any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly, or where the recipient would act improperly by accepting the advantage."

"A person acts improperly where they act illegally, unethically, or contrary to an expectation of good faith or impartiality, or where they abuse a position of trust. The improper acts may be in relation to any business or professional activities, public functions, acts in the course of employment, or other activities by or on behalf of any organisation of any kind."

If an employee is guilty of such an offence, the employer cannot prosecute them because they do not have the power to do so. Bribery is a criminal matter and can only be prosecuted by the relevant authorities, although the employer can report the guilty person.

An individual who is found guilty of a bribery offence under is liable:
• On summary conviction, to imprisonment for a maximum term of 12 months or to a fine not exceeding the statutory maximum, or to both.
• On conviction on indictment, to imprisonment for a maximum term of ten years, or to a fine.

The above are the maximum penalties so there is of course a possibility the actual punishment could be much less severe.

Finally, the employer could take action against the employee under their own internal disciplinary procedure, up to and including dismissal. This is separate to any criminal proceedings and will be dealt with under the usual employment rules, where they have to investigate the allegations, hold a disciplinary hearing and ensure that the penalty is reasonable and proportionate to the specific circumstances. The affected employee could appeal any decision taken against them and if necessary take the matter to an employment tribunal.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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