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Why Choose An Experienced Law Firm for Your Legal Needs?
February 13, 2025Article by Cristiana Eftenoiu
This article examines Sainsbury’s recent announcement to axe 3000 jobs within the wider context of the UK’s retail sector. It highlights how the retailer is one of many businesses affected by the government’s upcoming National Insurance (NI) and wage increases, scheduled for April, who are having to rethink their business strategies. The second half of this article explores what these retail sector trends mean for law firms and how their respective teams will be involved in guiding businesses through the upcoming changes.
Workforce reductions and business restructuring
Last week, Sainsbury’s announced plans to cut 3000 jobs by closing down its in-store cafés and food counters and axing 20% of senior management roles. This move reflects prior warnings from UK retailers that rising costs from the Autumn Budget would affect customers through higher prices and the workforce through increased redundancies. Although Sainsbury’s had already announced plans to cut £1bn in costs over the next three years last February, the recent Budget announcements have also influenced these restructuring plans. As explained by chief executive Simon Roberts, the move follows “a particularly challenging cost environment”.
It comes as no surprise that retailers such as Asda have announced cuts to regional manager roles following the worst Christmas performance since 2015. Morrisons followed closely afterwards with plans to cut 200 office-based jobs.
In a more drastic restructuring move, WH Smith has announced the sale of its 500 UK high street stores to focus on its more profitable travel arm. The announcement has also called into question what will happen to the 195 stores supporting Post Office branches, thus leading to further retail market uncertainty.
As can be seen from these recent examples, Sainsbury’s is just one of many businesses battling rising costs and taxes. A recent survey conducted by the British Chambers of Commerce (BCC) reported a significant drop in business confidence since the Chancellor’s Budget, with over half (55%) of businesses reporting they expect to raise prices. Tax, including NI, was reported as a main concern for 63% of businesses surveyed. The Budget announcements also appear to have reduced growth since the BCC report shows fewer companies are hiring.
The British Retail Consortium (BRC) has estimated that the Budget, together with future policies, will add £7bn in annual costs to the retail sector.
Although tax concerns and wage increases are significant factors in retailers’ restructuring strategies, it should be noted that the sector had already been facing challenges before the Budget. Cost of living and inflationary pressures reduced consumer spending, which in turn led to lower high street footfall. We saw Wilko fall into administration in August 2023, followed by The Body Shop in 2024, which has now been rescued by a consortium of investors.
Nonetheless, employer NI thresholds dropping from £9,100 to £5000 and NI rates rising from 13.8 to 15% will cost £2.33bn to UK retailers (BRC). This, together with a further £2.73bn in costs due to minimum wage increases and, to top it all, the £2bn costs of a new packaging tax coming into effect in October 2025. All of these measures combined can help contextualise the recent cuts and business restructuring measures.
What this means for law firms
Law firms advising retail clients will likely see rising matters in the following practice areas:
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Restructuring and Insolvency
According to insolvency specialists Begbies Traynor, there has been a drastic jump in the number of UK businesses in financial trouble, with the hospitality and retail sectors facing the biggest challenges. Law firms with expertise in restructuring and insolvency law will thus see increased demand for advice. As measures from the Budget come into force in April, a squeeze on margins will mean more retailers are likely to face financial difficulties. UK businesses will be looking at law firms not only for advice on how to restructure their businesses legally but also for commercially viable solutions that will help them increase already slim profit margins.
For some UK retailers, a simple restructuring might be enough, yet for others, insolvency might be imminent. In more severe cases, law firms will need to support retailers through formal insolvency procedures or negotiate rescue deals with creditors and landlords. This includes advising on company voluntary arrangements (CVAs), debt restructuring, and corporate refinancing.
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Employment Law
This is a key area that businesses will need guidance on given the Employment Rights Bill currently passing through Parliament. Employers in the retail sector will need to be aware of the proposed changes coming into force and prepare for how those will impact their businesses. Law firms will play a significant role in advising clients on changes with regard to zero-hour contracts, redundancies, statutory sick pay, and trade union regulations.
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Real Estate
Law firms will assist retailers with lease renegotiations regarding break clauses in light of financial pressures or specific terms within leases and price changes. Store closures might trigger financial penalties if done before leases expire, which once again will need to be dealt with by lawyers.
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M&A
Cost pressures in the current market will lead to weaker retailers being pushed out or encouraged to sell. Companies may also look at mergers as an attractive way to streamline their operations, reduce their overhead costs and improve purchasing power to offset rising expenses. Law firms will play a crucial role in advising both sides (seller and buyer) on the risks and opportunities that might be associated with each transaction. They may look at share sales or asset sales of businesses, and tax considerations implicated in those transactions will be important.
Conclusion
Retail is in trouble. Rising costs, increased taxes, and inflationary pressures are pushing businesses to their limits, leading to job cuts, store closures, and widespread restructuring. While these challenges are not entirely new, recent government policies have intensified the strain, with billions added to retailers’ annual expenses.
For law firms, this presents both challenges and opportunities. As the retail sector grapples with financial and operational pressures, legal teams will be central in advising on restructuring, employment law, real estate negotiations, and M&A transactions. The road ahead for retail is uncertain, but with the right guidance, businesses can navigate the turbulence and find ways to adapt.
Sources
https://www.bbc.co.uk/news/articles/cvged0x5ykxo
https://www.ft.com/content/7210d93f-a3db-4db1-bd05-951789a5551d
https://www.ft.com/content/b3217267-f314-42c3-894e-86ae49d0003b
https://www.britishchambers.org.uk/news/2025/01/budget-tax-hike-bursts-business-confidence/
https://www.ft.com/content/f46d32e0-0865-4d90-be74-0cb0a4a35478
https://www.watsonsdaily.com/publications/watsons-weekly-18-01-2025/