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Tesco says it will accept a Supreme Court ruling in a so-called ‘fire and rehire’ case amid government efforts to bolster workers’ rights.

The Union of Shop Distributive and Allied Workers (Usdaw), along with three of its members at Tesco who also represent the union, took legal action over proposals in 2021 to fire staff at some distribution centres and rehire them on lower pay.

The case, which originally involved more than 360 workers – the majority at Livingston in West Lothian – arose after the supermarket chain offered staff higher “retained pay” to relocate in 2007.

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In 2021, the UK’s largest retailer announced plans to bring retained pay to an end and said that those affected would receive a lump sum instead.

If the offer was not accepted, the company said their contracts would be terminated and then reoffered on the same terms, but without the increased salary.

Usdaw argued that “retained” pay was described as “permanent” in the staff’s contracts, meaning it could not be removed, while Tesco said bosses were using a legitimate “contractual mechanism” open to employers.

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The Supreme Court judgment followed earlier court wins for both parties – latterly Tesco at the Court of Appeal.

The five Supreme Court justices ruled unanimously that Tesco should be blocked from dismissing the staff.

They said: “Objectively, it is inconceivable that the mutual intention of the parties was that Tesco would retain a unilateral right to terminate the contracts of employees in order to bring retained pay to an end whenever it suited Tesco’s business purposes to do so.

“This would have been viewed, objectively, as unrealistic and as flouting industrial common sense by both sides.

“It would have been open to Tesco to negotiate a longstop date for the entitlement to retained pay or to make clear that the retained pay could be withdrawn if an employee were dismissed with notice and then re-employed in the same role. Neither was done.”

Following the ruling, Paddy Lillis, Usdaw’s general secretary, said: “These sorts of tactics have no place in industrial relations, so we felt we had to act to protect those concerned.

“We were very disappointed with the outcome in the Court of Appeal but always felt we had to see this case through.

“We are therefore delighted to get this outcome, which is a win for the trade union movement as a whole.”

The government has previously outlined plans to ban “fire and rehire” policies and exploitative zero-hours contracts, as well as enforce more rights from a worker’s first day in a job, including sick pay.

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A Tesco spokesperson said: “We accept the Supreme Court’s judgment. Our colleagues in our distribution centres play a really critical role in helping us to serve our customers and we value all their hard work.

“Our objective in this has always been to ensure fairness across all our DC colleagues. Today’s judgment relates to a contractual dispute brought on behalf of a very small number of colleagues in our UK distribution network who receive a supplement to their pay.

“This supplement was offered many years ago as an incentive to retain certain colleagues and the vast majority of our distribution colleagues today do not receive this top-up.

“In 2021, we took the decision to phase it out. We made a competitive offer to affected colleagues at that time and many of them chose to accept this.

“Our aim has always been to engage constructively with Usdaw and the small number of colleagues affected.”

A Department for Business and Trade spokesperson added: “We are committed to updating Britain’s employment protections so they are fit for our modern economy and the future of work.

“We will be bringing forward legislation soon to put an end to unscrupulous fire and rehire practices, which have no place in a modern labour market.”

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Could this be the future of farming? Inside Europe’s biggest vertical farm

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Could this be the future of farming? Inside Europe's biggest vertical farm

Outside it is the bleak midwinter. We are smack bang in the middle of some of the country’s best agricultural land.

But inside the cavernous warehouse where we’ve come, you wouldn’t have a clue about any of that: there is no daylight; it feels like it could be any time of the day, any season of the year.

We are at Fischer Farms – Europe’s biggest vertical farm.

The whole point of a vertical farm is to create an environment where you can grow plants, stacked on top of each other (hence: vertical) in high density. The idea being that you can grow your salads or peas somewhere close to the cities where they’re consumed rather than hundreds of miles away. Location is not supposed to matter.

Image:
Farm 2 of Fischer Farms

So the fact that this particular one is to be found amid the fields a few miles outside Norwich is somewhat irrelevant. It could be anywhere. Indeed, unlike most farms, which are sometimes named after the family that owns them or a local landmark, this one is simply called “Farm 2”. “Farm 1” is to be found in Staffordshire, in case you were wondering.

Farm boss’s dizzying ambition

These futuristic farm units are the brainwave of Tristan Fischer, a serial entrepreneur who has spent much of his career working on renewable energy in its various guises. His ambition now is dizzying: to be able to grow not just basil and chives in a farm like this but to grow other, trickier and more competitive crops too – from strawberries to wheat and rice.

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Only then, he says, can vertical farming stand a chance of truly changing the world.

The idea behind vertical farming itself is more than a century old. Back in 1915, American geologist Gilbert Ellis Bailey described how it could be done in theory. In theory, one should be able to grow plants hydroponically – in other words with a mineral substrate instead of soil – in a controlled environment and thereby increase the yield dramatically.

In one sense this is what’s already being done in greenhouses across much of Northern Europe and the US, where tomatoes and other warm-weather-loving vegetables are grown in temperature-controlled environments. However, while most of these greenhouses still depend on natural light (if sometimes bolstered by electric bulbs) the point behind vertical farming was that by controlling the amount of light, one could grow more or less everything, any time of the year. And by stacking the crops together one could yield even more crops in each acre of land one was using.

Image:
The tunnels are 12 levels high and bathed in bright LED lights

Look at a long-term chart of agricultural yields in this country and you start to see why this might matter. The quantity of crops we grow in each acre of land jumped dramatically in the second half of the 20th century – a consequence in part of liberal use of artificial fertiliser and in part of new technologies and systems. But that productivity rate started to tail off towards the end of the century.

‘Changing the equation’

Vertical farming promises, if it can make the numbers add up, to change the equation, dramatically increasing agricultural productivity in the coming decades. The question is whether the technology is there yet.

And when it comes to the technology, one thing has certainly changed. Those early vertical farms (the first attempts actually date back to the 1950s) all had a big problem: the bulbs. Incandescent bulbs were both too hot and too energy intensive to work in these environments. But the latest generation of LED bulbs are both cool and cheap, and it’s these bulbs you need (in vast numbers) if you’re going to make vertical farming work.

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Image:
The farm is growing basil but the ambition is to grow much more than simple herbs

Here at Farm 2, you encounter row after row of trays, each stacked on top of each other, each carrying increasingly leafy basil plants. They sit under thousands of little LED bulbs which are tuned to precisely the right spectral frequency to encourage the plant to grow rapidly.

Mr Fischer says: “We’re on this downward cost curve on LEDs. And then when you think about other main inputs, energy – renewable energy – is constantly coming down as well.

“So you think about all the big drivers of vertical farming, they’re going down, whereas compared to full-grown crops, everything’s going up – the fertilisers, rents, water is becoming more expensive too.”

Image:
Just over a month after the basil was seeded, it is now fully grown and trays of the crop are moved to the harvesting machine

This farm – which currently sells to restaurant chains rather than direct to consumers – is now cost-competitive with the basil shipped (or more often flown) in from the Mediterranean and North Africa. The carbon footprint is considerably lower too.

“And our long-term goal is that we can get a lot cheaper,” says Mr Fischer. “If you look at Farm 1, we spent about £2.5m on lights in 2018. Fast forward to Farm 2; it’s seven and a half times bigger and in those three years the lights were effectively half the price. We’re also probably using 60 to 70 percent less power.”

Farm boss Tristan Fischer speaks to Sky's Ed Conway
Image:
Farm boss Tristan Fischer speaks to Sky’s Ed Conway

It might seem odd to hear a farmer talk so much about energy and comparatively less about the kinds of things one associates with farmers – the soil or tractors or the weather – but vertical farming is in large part an energy business. If energy prices are low enough, it makes the crops here considerably cheaper.

But here in the UK, with power costs higher than anywhere else in the developed world, the prospects for this business are more challenged than elsewhere. Still, Mr Fischer’s objective is to prove the business case here before building bigger units elsewhere, in countries with much cheaper power.

In much the same way as Dutch growers came to dominate those greenhouses, he thinks the UK has a chance of dominating this new agricultural sector.

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Shawbrook aims to kickstart London IPO market with £2bn float

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Shawbrook aims to kickstart London IPO market with £2bn float

The owners of Shawbrook Group, the mid-sized British lender, are drawing up plans to kickstart London’s moribund listings arena with a stock market flotation, valuing it at more than £2bn.

Sky News has learnt that BC Partners and Pollen Street Capital, which took Shawbrook private in 2017, are close to appointing Goldman Sachs to oversee work on a potential initial public offering.

Other investment banks, possibly including Barclays, are expected to be added in the near future.

Shawbrook’s shareholders are said to be keen to take the company public during the first half of this year.

People close to the situation cautioned that no decision to proceed with a listing had been taken, and that it would be dependent upon market conditions.

If it does go ahead, Shawbrook would almost certainly rank among the largest companies to list in London during the first half of 2025.

Bankers and investors are also waiting to see whether British regulators give the green light to a flotation for Shein, the Chinese-founded online fashion giant, which would be one of the City’s biggest-ever floats if it takes place.

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Overall, London is fighting to overturn the impression that its public markets have become a troubled arena for public companies, afflicted by a lack of liquidity and weaker valuations than they might attract in the US.

In recent months, that perception has intensified with the decision of Ashtead, the FTSE-100 equipment rental company, to move its primary listing to New York.

Shawbrook, which employs close to 1,600 people, has 550,000 customers.

Founded in 2011, it was established as a specialist savings and lending institution, providing loans for home improvement projects and weddings, as well as business and real estate lending.

It is among a crop of mid-tier lenders, including OneSavings Bank, Aldermore Bank and Paragon Bank, which have collectively become a significant part of Britain’s banking landscape since the last financial crisis.

The bid to take Shawbrook public this year will come a year after its owners were reported to have hired Bank of America and Morgan Stanley to explore a sale or listing.

It explored a similar process in 2022 but abandoned it amid volatile market conditions.

The company has also sought to position itself at the heart of potential consolidation among the sector’s leading players.

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In the autumn of 2023, Shawbrook approached Metro Bank about a possible takeover as the latter bank battled to stay afloat.

A series of proposals was rejected by Metro Bank’s board.

Just weeks earlier, Shawbrook sounded out the Co-operative Bank about a £3.5bn all-share merger in an attempt to pre-empt a wider auction of the former mutually owned lender.

That, too, was rebuffed, with the Co-operative Bank completing its sale to the Coventry Building Society this week.

Third-quarter results for Shawbrook released to bondholders in November disclosed 18% growth in its loan book on an annualised basis to just over £15bn.

BC Partners and Pollen Street own equal stakes in Shawbrook, with its management team also owning a minority.

The bank is run by chief executive Marcelino Castrillo.

“We continue to see promising opportunities for expansion and value creation across our core markets, including SME and real estate,” Mr Castrillo said in November.

“The combination of an exceptional customer franchise, a more stable macroeconomic outlook and increasing customer confidence means we are well-positioned to continue to deliver on our strategic ambitions throughout the remainder of 2024 and beyond.”

This weekend, Shawbrook, BC Partners and Pollen Street all declined to comment.

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Donald Trump tells UK to ‘get rid of windmills’ and says raising windfall tax on North Sea oil is ‘big mistake’

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Donald Trump tells UK to 'get rid of windmills' and says raising windfall tax on North Sea oil is 'big mistake'

Donald Trump has said the UK is making “a very big mistake” in its fossil fuel policy – and should “get rid of windmills”.

In a post on Friday on his social media platform, Truth Social, Mr Trump shared news from November of a US oil producer pulling out of the North Sea, a major oil-producing region off the Scottish coast.

“The UK is making a very big mistake. Open up the North Sea. Get rid of windmills!”, the US president-elect wrote.

The Texan oil producer Apache said at the time it was withdrawing from the North Sea by 2029 in part due to the increase in windfall tax on fossil fuel producers.

North Sea oil rig
Image:
North Sea oil rig. Pic: Reuters

The head of Apache’s parent company APA Corporation said in early November it had concluded the investment required to comply with UK regulations, “coupled with the onerous financial impact of the energy profits levy [windfall tax] makes production of hydrocarbons beyond the year 2029 uneconomic”.

Chief executive John Christmann added that “substantial investment” will be necessary to comply with regulatory requirements.

Mr Trump used a three-word campaign pledge “drill, baby, drill” during his successful election campaign, claiming he will increase oil and gas production during his second administration.

In the October budget announcement, UK Chancellor Rachel Reeves raised the windfall tax levied on profits of energy producers to 38%.

Called the energy price levy, it is a rise from the 25% introduced by Rishi Sunak in 2022 as energy prices soared following Russia’s invasion of Ukraine.

Many oil and gas businesses reported record profits in the wake of the price hike.

The tax was intended to support households struggling with high gas and electricity bills amid a broader cost of living crisis.

Apache is just one of a glut of firms that made decisions to alter their North Sea extraction due to the Labour policy.

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Energy bills become more expensive

Even before the new government was elected, three companies, Jersey Oil and Gas, Serica Energy and Neo Energy – announced they were delaying, by a year, the planned start of production at the Buchan oilfield 120 miles to the north-east of Aberdeen.

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