The Bribery Act 2010 is fully into force from 1st July 2011, just over three months after publication on 30th March 2011 of Guidance as to its operation (see the Bribery Act 2010 (Commencement) Order 2011, SI 2011/1418).

The Act creates new criminal offences in connection with offering or receiving bribes and abolishes the old common law offences of "bribery and embracery" (in Scotland "bribery and accepting a bribe"). The new offences are essentially offering a bribe, accepting a bribe, bribing a foreign public official and (importantly in an employment law context) a new corporate offence of failing to prevent bribery.

The Act provides for senior officers to be guilty of an offence committed by a body corporate if it was committed with their consent or connivance. It applies both in the UK and abroad and to both the public and private sectors. The Act provides for a maximum jail sentence of 10 years.

Whilst not generally concerned with employment law, the Act does provide that a commercial organisation will be guilty of an offence if a person associated with it bribes another person intending to obtain or retain a business advantage for the organisation and also provides for senior staff to be personally guilty of an offence in appropriate circumstances.

Previous relevant law was in the Prevention of Corruption Act 1906. An article in the Guardian, 25th March 2009 "Bribery Bill finally reaches parliament" says that during Labour's 12 years in power, only one UK company was prosecuted for foreign bribery.