Under section 7 of the Bribery Act 2010, a commercial organisation commits an offence if someone performing services for it (an employee, agent or subcontractor) bribes another person to get or keep business for it. The only defence is to show the organisation had adequate procedures to prevent bribery. Size is no excuse, but the procedures should be proportionate.
The six principles
Ministry of Justice guidance sets out six principles for adequate procedures:
- Proportionate procedures: clear, practical policies that fit the risks and size of your business.
- Top-level commitment: directors make it clear that bribery is never acceptable.
- Risk assessment: understand where bribery risk is, such as particular countries, sectors, intermediaries and public officials.
- Due diligence: on agents, distributors, partners and others acting for you.
- Communication, including training: people know the policy and how to raise concerns.
- Monitoring and review: check the procedures work, and improve them.
Gifts and hospitality
Reasonable and proportionate hospitality is legitimate business. Set a value threshold above which gifts and hospitality, given or received, must be approved and recorded in a register, and ban cash and anything offered around a tender or decision. Facilitation payments (small payments to speed up routine official actions) are bribes under UK law.
Failure to prevent fraud
Since 1 September 2025, large organisations can also be prosecuted for failing to prevent fraud by their employees or agents, under the Economic Crime and Corporate Transparency Act 2023. It applies to organisations meeting two of: more than 250 employees, more than £36 million turnover, more than £18 million total assets. Smaller businesses are not covered, but may be asked about fraud controls by larger customers.
Where ISO 37001 fits
ISO 37001 is the international standard for anti-bribery management systems. It turns the six principles into auditable requirements, including a compliance function, due diligence, financial and non-financial controls, and raising concerns. Certification is often asked for in public sector, construction and international supply chains.
Frequently asked questions
Do small businesses need an anti-bribery policy?
The law does not require a written policy, but adequate procedures are the only defence to the section 7 offence, and a short policy, a gifts register and basic training are the simplest proportionate procedures.
Is corporate hospitality illegal?
No. Reasonable and proportionate hospitality is fine. It becomes a problem when it is intended to influence a decision improperly.
How should employees raise bribery concerns?
Through a speak-up or whistleblowing channel, with protection from retaliation, and an option to report confidentially.
This guide is general information for UK businesses, not legal advice. Check the current regulations and HSE guidance at hse.gov.uk, and take professional advice for your situation.