Forbes Solicitors
Manufacturing eNews 
November 2020

Challenges Continue, but Resilience Shines Through

This is Forbes’ third quarterly Manufacturing & Engineering Sector eNews during the period of Covid restrictions and whilst I had hoped that this would now be a thing of the past, businesses are still battling challenges.  What we are seeing from our clients throughout the sector however, is real resilience and a never say die attitude, something exhibited throughout our recent Reinvention & Resilience Top 50 campaign which you can view here.

Businesses are (or at least should be) acutely aware that current challenges facing them aren’t Covid-exclusive.  With Brexit on the horizon, businesses need to be well-prepared for all eventualities and the most likely ‘no deal’ scenario looming large.  No deal will bring both opportunities and challenges in abundance, but we are seeing that currently those preparing for all eventualities are less concerned about what the future holds.  Never has the saying “By failing to prepare, you are prepared to fail” been as true.

If you require any support and guidance at this time, then please don’t hesitate to get in touch.

All the best,

 

John Pickervance
Partner, Head of Commercial
T: 07976 257777
E: John.pickervance@forbessolicitors.co.uk


The continued rise of technology in Manufacturing & Engineering

The pandemic has meant that working practices have already changed and are certain to continue doing so. For example, there may be more frequent overnight installations of new equipment, as this reduces the number of people congregating. For the same reason, modular construction and pre-assembly is likely to increase, rather than this being done on-site.

 

FCA Test Case Update: Effects on the Manufacturer

The COVID-19 pandemic has presented the manufacturing industry with significant operational challenges, as some manufacturers and suppliers have had to close down or scale back operations in response to falling demand and as a result of Government restrictions. The manufacturing sector will most likely have suffered significant interruption to their business.

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Massive fine for employer in workplace fatal accident

Leadec Limited, a specialist industrial services company has been fined £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974.

Mr MacDonald was cleaning waste-water pipes using high-pressure water jetting equipment at a car manufacturing site. He was struck by the end of the flexi-lance causing a fatal injury.

Whilst the company were found to have recognised the risks of this activity, they had failed to put in place appropriate measures to mitigate those risks. Nor were training or supervision up to industry and competent standard.

 

The impact of Covid-19 on landlord and tenant arrangements in commercial leases

Introduction

The economic implications of Covid-19 have presented an array of financial difficulties for both landlord and tenants in commercial leases. With tenants struggling to fulfil their rent obligations under their lease, there are important considerations that both parties should have in mind.

 

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Covid-19 - Temperature Screening Employees

As larger proportions of the national workforce have incrementally been returning to the workplace - which are only expected to increase as the furlough scheme comes to an end on 31 October 2020 - the issues faced by those industries which have continued to operate during lockdown are coming under greater scrutiny.

 

It isn't just fireworks going off with a bang as lockdown 2.0 gets off to an explosive start

Just as we began to get our heads around the postponement of the Job Support Scheme (JSS) and the extension of the original Coronavirus Job Retention Scheme (CJRS) otherwise known as the "furlough scheme", Rishi Sunak has announced that the CJRS will now be extended until March 2021.

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Directors - Do You Know Your Duty?

With the uncertainty of Brexit and the current impact of COVID-19 threatening many businesses, the responsibility of running a company rests solely with the directors of the company. It is important therefore that a director is aware of the duties imposed on them by law.

What is the difference between a director and a shareholder?

There is often some confusion over the role of a director compared to that of a shareholder, however they both play completely different roles within a company. A shareholder owns the company, by owning its shares, whereas a director manages the day to day running of the company on behalf of the shareholders. A director need not own shares in the company. However, especially in owner managed businesses and SMEs, it is not unusual for one person to be both a director and a shareholder.

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