Welcome to Forbes’ quarterly Manufacturing & Engineering Sector eNews. 

Although there have been numerous challenges facing the Manufacturing & Engineering sector, such as supply shortages, rises in costs and HGV driver shortages, amongst many others, the Manufacturing sector continues to grow. Just within the past few months we have seen billions of pounds being exchanged in deals just within the North West displaying that the manufacturing businesses are continuing to rise above the ongoing issues. While the Manufacturing sector is continuously growing, the challenges still cause uncertainties such as, whether the Manufacturing companies will be liable due to the HGV driver shortage leading to supply delays. With COP26 highlighting the issue, we are also seeing green and renewable issues cropping up more and more for our Manufacturing clients.

As we start to look to a future away from the pandemic, we hope to see a light at the end of the tunnel for the ongoing challenges faced, but for now, we work to try and limit any uncertainties as best we can. Manufacturing companies are advised to look at future challenges they will likely face such as the environment impacts of the business.

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

A green lease may help to reduce the environmental impact of your business

As businesses tentatively begin to emerge from the pandemic thoughts may finally start to turn to future opportunities and challenges. It appears likely that the next major issue affecting the property world will be energy efficiency and environmental sustainability. With the increasing awareness of environmental matters, landlords and tenants may consider a green lease as a means by which to reduce their environmental impact.

Manufacturing business growth in The North West

The past few months have seen billions of pounds exchanged in deals involving some of the biggest and best-known businesses in the North West, including the likes of Sony Interactive Entertainment, Matillion, Boohoo, THG, Manchester United and Liverpool FC.

HGV driver shortage leading to non-performance of contract obligations, are you liable?

Rightly or wrongly, we're all coming to terms with the normality of goods shortages, and more recently due to lack of HGV drivers arising out of Covid and compounded by Brexit. We've heard of a number of businesses which have either had to close due to these shortages or default on supply and with shortages in fuel supply, the end doesn't appear in sight.

Breach of Restrictive Covenants

Every business will have information that it considers to be critical to its operations and success.

For those in manufacturing this information is more delicate than other industries, as a key part of growth is core customers and supplier details.

The business will want to prevent this information from falling into the hands of any competitor or used by an unauthorised 3rd party.

An instruction to breach Working Time Regulations can amount to an Automatic Unfair Dismissal

What can happen if you ask an employee to work extra hours where it would breach the Working Time Regulations 1998 (WTR)? Would an employee need to work the shift proposed in order to claim automatic unfair dismissal?

These issues were discussed in the recent case of Simoes v De Sede UK Ltd.

In this case, the Claimant was requested to cover her manager's shift due to a pre-booked holiday. Initially, the Claimant agreed but later changed her mind because she realised there would be a breach under the WTR (specifically Regulation 11) on the basis that she was being instructed to work for over fourteen consecutive days without a break.