Welcome to our first Manufacturing & Engineering Sector eNews...

We’d hoped to have sent our first newsletter out in more positive times, but as all businesses and individuals are affected by COVID-19 in some way, shape or form, we have focussed on this below. We have provided what should hopefully be some useful articles for businesses operating in the Manufacturing & Engineering sectors and a further link to our information hub to help support you during this period of uncertainty:

www.forbessolicitors.co.uk/covid19.htm

We have seen a number of our clients in the Manufacturing & Engineering sectors adapting their services during this challenging time to now provide products such as hospital beds, dispensers, hand sanitiser and PPE masks - items which our health care services really need. It is great to see so many manufacturers supporting our healthcare services, Government, other businesses and people in general through providing your products and services and is testament to the capabilities of North West businesses.

If you need any further support please do not hesitate to get in touch with us.

Stay safe and take care,

  John Pickervance
  Head of Commercial

  T. 0333 207 1134
  E. john.pickervance@forbessolicitors.co.uk

Businesses, the NHS and Government need the support of manufacturing & engineering businesses - can you help with any of the following?

This webpage is looking for manufacturers who can help support NHS in Lancashire/Cumbria with their products or skills – driven by Annette Weekes of PDS Engineering and built by Chamber Create:

www.covid19cluster.co.uk/

This one is national, but run from Lancashire through North & Western Lancashire Chamber of Commerce, and looks for all offers of support from businesses in relation to supplies:

www.coronasupportgroup.co.uk/

This is the Government portal asking for any offers of help from the business community at large:

www.gov.uk/coronavirus-support-from-business

COVID-19: Tips for managing contracts in the manufacturing & engineering sector

Businesses across all areas of manufacturing and engineering are facing enormous disruption and uncertainty due to COVID-19. It is becoming increasingly apparent that the current restrictions on commercial activity and individuals' rights of movement may be in place for several months. As a result, attention is turning to whether businesses and their suppliers, customers and commercial partners can continue to perform their contractual obligations, and if not what consequences flow from that.

We have set out through the link below our top tips for businesses when reviewing and managing their contracts.

Employment and HR Support

Our Emploment and HR team have developed a number of different articles which are relevant and can support all businesses across the manufacturing & engineering sector, including:

• COVID-19 - Updated Guidance on Coronavirus Job Retention Scheme
• Rules on carrying over annual leave to be relaxed to support key industries during COVID-19
• Coronavirus Act 2020: Emergency Volunteer Leave
• COVID-19 and Apprenticeships
• Proposed Extension of IR35 to be Delayed

UKIPO join European Patent Office (EPO) and EU Intellectual Property Office in extending deadlines

Following the decision of the government to place the majority of the working population into lockdown, ordering that all non-essential employees work from home, the UK Intellectual Property Office ("UKIPO") has followed suit, and has closed its Cardiff Headquarters.

Owing to the disruption that the Covid-19 outbreak has caused - and will continue to cause - businesses, the UKIPO has declared 24 March 2020 and subsequent days until otherwise notified, as "interrupted days". Any UKIPO deadlines for trade marks, designs, supplementary protection certificates and patents, including applications for such rights, which fall on an interrupted day, will be extended until the UKIPO declares the end of the interrupted period.

COVID-19 and frustration

If a commercial contract does not contain a force majeure clause, or COVID-19 is not covered by such a clause, the legal doctrine of frustration may apply. Frustration operates to discharge the contract automatically and immediately where there is a significant change of circumstances, which renders it physically or commercially impossible to perform the contract, or would render contractual performance radically different from the obligations that were originally agreed to.

Meeting the Challenge: COVID 19 and Virtual Meetings

The coronavirus pandemic is presenting organisations of all kinds (including manufacturers and businesses across the board) with complex issues as urgent decisions need to be made by decision-makers who are harder to bring together. In these unprecedented times, organisations are exploring changes to the way in which decisions are taken to reduce the risk while ensuring that executives, directors, trustees and governors are able to perform their roles and support their colleagues.

For the business community, these governance issues are proving to be testing. Boards of directors or trustees have overall responsibility for the organisation's management, including its response to the pandemic. The board's role is one of strategy and governance oversight including on health and safety, data protection and other key issues. How a board fulfils its decision-making obligations is dependent not just on practicalities but also on the powers granted to it by way of the organisation's governing document.

COVID-19 and force majeure

The coronavirus outbreak has been labelled a pandemic by the World Health Organisation. This raises questions such as whether COVID-19 is a force majeure event and whether an organisation can be excused from its contractual obligations in the circumstances.

Force majeure events refer to acts, events or circumstances that are unforeseeable and beyond the reasonable control of the party concerned. A force majeure clause typically excuses one or both parties from performance of the contract in some way following the occurrence of this type of event.

Protecting your assets

With more alarming updates coming from the government daily, in these times of uncertainty, many businesses may be looking to their accountants for advice on how to best protect their assets.

One thing that businesses can do is to look to restructure; setting up a holding company,

COVID-19 and AGMs

The AGM season is well under way for many businesses, but recent restrictions on group gatherings, and the UK 'lockdown' as a result of COVID-19 is posing difficulties for meetings to be held as planned.

Businesses may find themselves in a position where holding an AGM is no longer possible due to travel restrictions, cancellations or closures of locations and the illness of members. This poses concerns for the majority of companies who have December 31 year-ends.

What webinars, podcasts and further information would help you?

Are there any topics specific to the manufacturing & engineering sector or generaly you would like us to cover in an online webinar, Q&A session, podcast or article?

Let us know at events@forbessolicitors.co.uk.