Governance: Government response to report on Bribery Act 2010

As reported in issue 101 of this newsletter, on 14 March 2019, the House of Lords Select Committee on the Bribery Act 2010 published its report ‘The Bribery Act 2010: post-legislative scrutiny’ as to whether the Act is achieving its intended purposes. Although the report concluded that ‘the Act is an excellent piece of legislation which creates offences which are clear and all-embracing’, a number of recommendations were made.  A summary of the conclusions and recommendations is available on page 107 of the report. On 13 May 2019, the government published its response to the review of the Act.  Although many of the responses simply noted the view of the committee, certain recommendations were rejected. For example, the recommendation that the Ministry of Justice should consider adding to its section 9 guidance, clearer examples of what might constitute acceptable corporate hospitality was rejected.  It is stated: ‘…the Government does not consider that it would be best placed to provide the bespoke, or more detailed clarification that the Committee suggests…’.  It also states: ‘The MoJ Guidance was drafted in a deliberately high-level, non-prescriptive way to encourage organisations to examine their own internal systems and procedures. As the Committee suggests, there are other organisations on a level closer to business such as professional organisations or trade associations that could provide sector specific Read Full Article…

Charity: Updated guidance on reporting serious incidents

On 14 June 2019 the Charity Commission for England and Wales published updated guidance for charity trustees on how to identify and report serious incidents, titled How to report a serious incident in your charity. A serious incident is any incident that results in, or risks, significant: harm to beneficiaries, staff and other people who come into contact with the charity through its work loss of the charity’s money or assets damage to the charity’s property harm to the charity’s work or reputation The updated guidance includes information on the reporting obligations of trustees, and the main categories of reportable incidents.  It also provides an examples table indicating the types of incidents that should or should not be reported. The guidance includes a link to a new online form that can be used to report an incident on behalf of the trustee body.  In order to submit the form, the following information must be provided: Contact details including: contact details of the person submitting the form; the charity name and, if it is registered, the registration number; reference numbers and contact details, if the incident has been reported to other organisations, eg the police; and names and registration numbers of any other charities involved in the incident Details of the incident including: date of the incident; what happened; date the Read Full Article…

Newsletter Issue 104

Charity: Updated guidance on reporting serious incidents; Charity Commission and OFS: Memorandum of Understanding; New Fundraising Code published
Governance: Consultation on Companies House; Government response to report on Bribery Act 2010
Employment: Dismissal for proselytising at work; Enhanced shared parental pay and discrimination
Procurement: Cabinet Office publishes Procurement Policy Note 03/19
FAQ: Employment – Is there a breach of Article 8 of the ECHR if, to dismiss an employee, an employer relies on material found on employee’s phone by the police? Read Full Article…