The UK government has issued guidance on the new Failure to Prevent Fraud corporate offence, which is due to come into force 1 September 2025. This offence has the same “due diligence” defence principle as UK food safety law: if a company cannot show that they have a reasonable fraud defence/mitigation process in place then they become liable if an associate (which could be an employee or a contractor) commits a fraud offence to the company’s benefit. Their mitigation procedure must be based on the principles typically espoused in food fraud mitigation best practice: they must show evidence of top level commitment, risk assessment, proportionate preventative measures, communication, training, monitoring and review.
The guidance clarifies a number of points, including the territorial scope (for example, a non-UK company can be prosecuted if a UK employee commits the fraud), and that the company can still be liable even if the associate is not prosecuted for the offence (provided that the offence can be proven to the standard required by a court of law).