The best view is to adopt a very simple code of best practice and make sure you have controls in place to sustain it. The guidance on the subject from the Ministry of Justice is extremely helpful. You should of course read it all, but page 22 onwards gives the key points. You can use pages 22 – 23 as a check list in order to produce a policy and change procedures where necessary.
You may end with a Statement of Best Practice that looks something like this:
“WLP are committed to carrying on business in a fair open and honest way. We abhor bribery in all its forms. We will not tolerate bribery or attempted bribery by our associates, employees or any person or company with whom we are working in order to obtain work or achieve other goals.
We will consider bribery, as defined in the Bribery Act 2010 and any guidance notes, as a serious breach of trust, the likely consequence of which will be termination of any contractual relations. We expect any partners that we work with to make a similar commitment to this statement of best practice.
Bribery corrodes and is likely at the very least to bring us into disrepute and lose the confidence of introducers and our clients. It could also lead to financial loss and prosecution.
We have instituted checks on commissions to be paid to test their reasonableness and will not tolerate any sharing of proceeds outside contractual arrangements or with employees of clients.
Every associate and employee should be aware of the dangers, has been trained in awareness, and has access to Ministry of Justice guidance.”