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A leading City lawyer has been shortlisted to become the next chief executive of the competition watchdog.

Sky News has learnt that Ali Nikpay, a partner at the American law firm Gibson Dunn, is one of a handful of candidates said to have been interviewed to run the Competition and Markets Authority (CMA) in the last fortnight.

City sources said that Business Secretary Jacob Rees-Mogg was taking an active interest in the recruitment process at a time of vigorous debate about the CMA’s direction.

Mr Nikpay is a former executive at the competition authorities, having held roles including senior director for merger decisions and senior director of its cartels and criminal enforcement division.

At Gibson Dunn, where he co-chairs the firm’s antitrust and competition group, he has overseen work for clients such as Asda, UBS and Viagogo, the ticketing platform.

He is said to be in contention to replace Andrea Coscelli as the CMA chief executive against rivals including Sarah Cardell, the interim CEO, and Sheldon Mills, a senior executive at the Financial Conduct Authority.

The identity of the other candidates was unclear on Wednesday.

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The Financial Times reported in April that the government was keen to appoint a female chief at the CMA.

Mr Coscelli stepped down earlier this year, with the CMA’s leadership in flux ahead of the arrival of Marcus Bokkerink as its new chairman.

The Department for Business, Energy and Industrial Strategy declined to comment.

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Homebase deal leaves 2,000 jobs at risk

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Homebase deal leaves 2,000 jobs at risk

The jobs of more than half of the workforce at the DIY chain Homebase are at risk after the retailer’s owners called in administrators following a failed attempt at a sale.

Sky News reported earlier on Wednesday that around 1,500 people were set to keep their roles as 75 of the 130 stores were set to be snapped up by the saviour of Wilko in a so-called pre-pack deal.

The Range, also a general merchandise specialist, was confirmed as the buyer later in the day.

Teneo, which is handling the process, is understood to have been working to find a buyer for as many of the chain’s sites as possible.

Teneo said in a statement on Wednesday afternoon that up to 70 stores were confirmed to be included in the deal – saving up to 1,600 jobs out of 3,600.

It leaves 2,000 jobs at risk.

Forty-nine other stores will continue to trade while alternative offers are explored.

Sources told Sky’s City editor Mark Kleinman that there had been many expressions of interest in the remaining stores, despite the gloom being felt across the retail sector over the higher tax take demanded in the budget.

The sector has warned of higher inflation and job losses arising from the measures, which include increased employer national insurance contributions and minimum wage levels.

The pre-pack deal – which typically allows a buyer to cherry-pick the assets it wants – brings to an end a six-year ownership of Homebase by Hilco, the retail restructuring specialist.

Teneo had initially been attempting to find a buyer for the whole Homebase business.

The partial sale comprises all those stores in the Republic of Ireland and the Homebase brand and its e-commerce business.

Read more on Sky News:
Post Office faces backlash over proposed job cuts
P&O’s cost of firing and replacing workers revealed

The Range is part of CDS Superstores, which is controlled by the businessman Chris Dawson – nicknamed “the Del Boy billionaire” because of the distinctive number plate on his Rolls-Royce Wraith.

Last year, it paid £7m to buy the brand and intellectual property assets of Wilko, which had collapsed into administration.

Since then, Mr Dawson has opened a string of new Wilko outlets.

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P&O spent £47m sacking and replacing 786 mainly British seafarers in 2022

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P&O spent £47m sacking and replacing 786 mainly British seafarers in 2022

P&O Ferries spent more than £47m summarily sacking hundreds of seafarers in 2022, helping it cut losses by more than £125m and putting it on a path to profitability, according to accounts due to be published in the coming days.

The dismissal of 786 mainly British seafarers, and their replacement with largely non-European agency staff earning as little as £4.87 an hour, was hugely controversial, drawing criticism from across the political spectrum and threats of a consumer boycott.

The controversy was rekindled last month when Sky News revealed that DP World, P&O‘s Dubai-based parent, considered withdrawing a £1bn investment at its London Gateway port following criticism of P&O by the Transport Secretary Louise Haigh.

Read more: Why P&O Ferries’ pariah status may never change

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Chancellor quizzed over P&O ferries

P&O has always maintained the restructuring was necessary to allow it to compete with its rivals on cross-Channel routes, and prevent a total collapse of the company with the loss of more than 2,000 jobs.

In financial statements for P&O Holdings, filed 11 months late and seen by Sky News, the company says the restructuring cost £47.4m including legal fees and consultants, allowing it to cut the overall wage and salary bill by £21.3m.

In a note accompanying the accounts submitted to Companies House, P&O’s directors describe the restructuring as part of a “transformational journey” that will help it return to recording a profit before tax this year.

“The business has been on a transformational journey as it has recovered from the challenges of the global pandemic, Brexit and the impact of disruption caused by the change in the crewing model,” the directors say.

“The group believes that the transformational actions that commenced in 2022 and continue through into 2024 will equip the business to grow profitably when demand rises in the coming years.”

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Brexit and COVID financial distress

The accounts reveal the financial distress in which P&O found itself in 2022.

Having recorded losses of £375m the previous year as it struggled to recover from the pandemic-era decline in passenger numbers and post-Brexit complications, it was in breach of its covenants to external lenders underwriting the construction of new hybrid cross-Channel ferries.

Despite the restructuring costs, revenue increased by £83.3m to £918m in the financial year, but the company still recorded a loss of £249m and was reliant on loans totalling £365m from parent company DP World to remain a going concern.

An additional £70m was made available this year, with 4.5% interest rolled up and not requiring any repayment until 2028 at the earliest.

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The financial statements also reveal that P&O was forced to sell one of the new cross-Channel ferries to a French subsidiary to pay off an external financing loan of £76.9m, and then lease the vessel back from its ultimate owner.

In a statement, P&O Ferries said: “Our 2022 financial accounts show the challenges faced by the business at that time, and why the business needed to transform into a competitive operator with a sustainable long-term future.

“P&O Ferries has taken steps to adjust to new market conditions, matching our capacity to demand, and adopting a more flexible operating model that enables us to better serve our customers.”

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Why P&O Ferries’ pariah status may never change

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Why P&O Ferries' pariah status may never change

P&O Ferries’ summary sacking of hundreds of seafarers in March 2022 was and remains perhaps the most ruthless act of “restructuring” in British corporate history. 

From the furthest left of the trades union movement to the right of the Conservative government, P&O and its lightning-rod chief executive Peter Hebblethwaite were condemned for shamelessly putting profit before people, without the courtesy of notice and due consultation.

Two years on, the company remains unapologetic and a pariah to some, including the transport secretary. That may never change. But long-overdue accounts for 2022 do illuminate why the company acted as it did.

In 2022, buffeted by Brexit and with passenger numbers devastated by COVID, P&O was holed below the water line, leaking cash and sinking fast.

Losses in 2021 had swelled to £375m, with payroll costs for 3,018 employees – 859 of them seafarers – of more than £132m.

It was also in breach of its covenants on more than £70m of loans from an external lender underwriting the cost of new hybrid cross-Channel ferries.

Read more: P&O spent £47m sacking and replacing 800 British workers

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Chancellor quizzed over P&O ferries

Only rolling and increasing loans from parent company DP World were preventing P&O from going under.

As well as earning at least the UK minimum wage, those seafarers were bound by work patterns negotiated with unions, including the RMT, that P&O says lacked flexibility and left some crossings unprofitable.

By contrast one of their competitors on the Dover-Calais route, Irish Ferries, was exploiting international maritime law to pay agency seafarers far less.

Peter Hebblethwaite, Chief Executive, P&O Ferries, answering questions in front of the Transport Committee and Business, Energy and Industrial Strategy Select Committee in the House of Commmons on the subject of P&O Ferries after the ferry giant handed 800 seafarers immediate severance notices last week. Picture date: Thursday March 24, 2022.
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Peter Hebblethwaite, chief executive of P&O Ferries. Pic: PA

Mr Hebblethwaite’s response – and DP World insists it was his call – was breathtaking. The unionised workforce was fired by video call, escorted from vessels and, after a four-week shutdown, replaced by workers largely flown in from beyond Europe for rosters involving months at sea.

That move saved more than £21m from the payroll and helped a turnaround the company says will see a return to pre-tax profit this year.

Ask P&O executives in Dover or those from its parent company in Dubai, and they will tell you the ends justified the means, and point out that passenger numbers are increasing.

Read more
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New laws that came too late for sacked workers

And these accounts have been filed just as legislation takes effect that would have removed any advantage from the sackings.

Since May, French law has required the minimum wage to be paid in French waters, and from December, UK law will require the same, making the Channel a haven of relatively high pay in a maritime industry overwhelmingly fuelled by cheap labour sourced from Asia.

It is an irony unlikely to be lost on seafarers who paid with their jobs.

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