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We have recently had a discussion with one of our partner organisations who enlightened us about the New Bribery Act 2010 and how this impacts on Employers.

We invited Elaine Young of ONYC Consulting Limited, HR Consultants to write the article below for your use, thank you Elaine.

BRIBERY ACT 2010

Implications for Employers

The Bribery Act 2010 comes into force later this year (probably October) and reforms and updates existing legislation, some of which has been in place for over 100 years.

The Act provides for four bribery offences:

• Bribing – the offer, promising or giving of an advantage;
• Being bribed – requesting, agreeing to receive or accepting an advantage;
• Bribing a foreign public official;
• The ‘corporate offence’ where a commercial organisation fails to prevent persons performing services on its behalf from committing bribery;

The new corporate offence under section 7 of the Act will be of most concern to employers. A company can be found guilty of this offence if a person performing services on behalf of the company (e.g. employee, worker, consultant) bribes another person for any of the following reasons:

• To obtain or retain business for the company
• To obtain or retain an advantage in the conduct of the company’s business

This offence can be committed in the UK or overseas and if found guilty the company and its directors could be subject to criminal sanctions including fines.

There is however, a defence against this as the Act makes provision for companies to escape liability of it can be shown that adequate procedures designed to prevent bribery being committed where in place when the offence occurred. What constitutes adequate procedures is currently unclear although the Government is obliged to issue guidance. There is currently some concern as to whether such guidance will be available in time for organisations to review policies and make the necessary changes before the Act becomes law.

Companies would be well advised to starting reviewing policies and procedures now, particularly in the areas of Codes of Conduct, gifts and hospitality and whistle blowing. Employment contracts should also include a statement of penalties relating to corruption. The Act will not change the disciplinary procedures to be followed so procedures currently ­­­­­­­­­in ­­­­­­­­place will be adequate.

Finally establishing an anti-corruption culture and program led by a senior officer will also help to defend companies in the event of a charge. This should include anti-corruption training for all employees.

Elaine Young
Onyc Consulting Limited, HR Consultants
http://www.onyc.co.uk

The new ILM Management NVQs go live in August 2010.

They are linked to the new QCF meaning that each Unit within the qualification now has a Credit Value giving greater flexibility in shaping a qualification that meets the needs of the candidate and/or the organisation.

More information here:

• New Management NVQ Award, Certificate and Diploma Units;
• ILM Level 2 NVQ Certificate in Team Leading;

• The ILM Level 2 NVQ Certificate in Team Leading has been designed for Team Leaders with a degree of authority for managing resources, looking to motivate their team members as well as achieve agreed outputs. The NVQ gives learners the opportunity to develop the core competencies needed by Team Leaders in today's dynamic business world.

• ILM Level 3 NVQ Certificate in Management;

• The ILM Level 3 NVQ Certificate in Management is ideal for the first line manager with responsibility for managing budgets, allocating work to team members/colleagues, achieving specific results and some degree of decision making. The NVQ gives learners the opportunity to develop their management performance, become more effective and to progress their career.

There are also Management Qualifications at Level 5 and 7 on the new QCF and we will bring you that information shortly.

There is still not a lot of really useful information available yet on the NEW Assessment and Quality Assurance Qualifications however, we now know what the qualifications will look like.

The qualifications in their full and detailed form are due to be available in Autumn 2010 and as soon as we get the content within the Units, we will post that information here.

The table below shows the titles of the Qualifications with the Unit Titles and Credit Value allocated to each:

The Assessor Units and Qualifications

	Unit 1: Understanding the Principles and Practices of Assessment	Unit 2: Assess Occupational Competence in the Work Environment	Unit 3: Assess Vocational Skills, Knowledge and Understanding
	Credit Value: 3	Credit Value: 6	Credit Value: 6
Level 3 Award in Understanding the Principles and Practices of Assessment
Level 3 Award in Assessing Competence in the Work Environment
Level 3 Award in Assessing Vocationally Related Achievement
Level 3 Certificate in Assessing Vocational Achievement

 The Internal Quality Assurer Units and Qualifications

	Unit 4: Understanding the Principles and Practices Internally Assuring the Quality of Assessment	Unit 5: Internally Assure the Quality of Assessment	Unit 8: Plan, Allocate and Monitor Work in Own Area of Responsibility
	Credit Value: 6	Credit Value: 6	Credit Value: 5
Level 4 Award in Understanding the Internal Quality Assurance of Assessment Processes and Practice
Level 4 Award in the Internal Quality Assurance of Assessment Processes and Practice
Level 4 Certificate in Leading the Internal Quality Assurance of Assessment Processes and Practice