The Bribery Act 2010 comes into force today introducing a new corporate offence of failing to prevent bribery. You will only have a defence against this if you can prove that you have "adequate procedures" in place. Given the many recent changes in employment law, it is more important than ever to review your employee contracts, policies and procedures. Contact us now for a free employment health check of your current employment documentation.

Employers need to act now to protect themselves against liability if bribery is committed in connection with their business. The Act creates several new offences carrying a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and commercial organisations can be liable. However, commercial organisations have a defence if they have in place “Adequate anti-bribery procedures”.

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A Tribunal has recently ruled that an employer was liable for acts of racial harassment carried out by a third party against one of its employees. The employee in question was an Iranian employed by a Council as a residential social worker at a home for troubled children. One of the children at the home was regularly offensive to him on racial grounds. The case highlights the extent to which an employer can be held accountable for the acts of harassment of someone it does not employ, if it fails to deal with those acts promptly.

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A Court has decided that an ex-employer is liable to a former employee for negligent misstatement for careless, untrue comments it made about him in an e-mail to his then employer, which led to his dismissal. You should carefully consider the contents of any reference given, whether the reference is formal or informal, by email or verbal. Damages can also be awarded where the employee suffers a loss.

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The Employment Appeal Tribunal has decided that an employee remanded in custody pending a criminal trial (which led to conviction) was not entitled to his wages. The question of whether wages are payable to an absent employee is one which frequently arises, but prior to this case there had often been no easy answer, as there was no guidance strictly confirming that wages could be withheld.

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In a recent case, the Supreme Court has decided that a teaching assistant accused of sexual misconduct with a minor could not insist on legal representation at the school's disciplinary hearing by relying on the right to a fair trial under the European Convention on Human Rights. This case is of considerable importance for employers hearing disciplinary cases where a possible outcome might be the end of that employees’ profession.

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