Q&As

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?

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Published on LexisPSL on 20/12/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?
  • Bribery Act 2010
  • TUPE 2006

Bribery Act 2010

The Bribery Act 2010 sets out four offences:

  1. bribing another person (also known as active bribery)

  2. soliciting or accepting a bribe (also known as passive bribery)

  3. bribing a foreign public official, and

  4. failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit

For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers.

The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations.

For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials for employment lawyers—Failure of commercial organisations to prevent bribery.

See the Serious Fraud Offi

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