Shell wins appeal in landmark emissions case

Published

2 days ago

November 12, 2024

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Shell has won its appeal against a climate court ruling that it must sharply reduce its carbon emissions.

The oil and gas producer went to the Court of Appeal in the Netherlands following a decision in support of environmental campaign groups in the country, including Friends Of The Earth.

That ruling, in 2021, ordered Shell to cut its carbon emissions by 45% by 2030 compared to 2019 levels in order to protect Dutch citizens.

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The emissions curbs included those caused by the use of Shell’s products.

The judge in the appeal dismissed all the claims against Shell.

The company, which exited its dual headquarters structure in The Hague in 2022 to reside only in the UK, had argued that the original district court decision was flawed on many grounds.

They included that only nation states can set such sweeping demands and that such a cut to its business would only shift output towards its competitors without any benefit to the planet.

The ruling was handed down as the COP29 climate summit is staged in Azerbaijan and just months after Shell weakened a 2030 carbon reduction target and scrapped a 2035 objective, citing expectations for strong gas demand and uncertainty in the energy transition.

Tuesday’s judgment may not be the end of the matter.

The climate groups, which saw the case as a human rights issue, have the option to bring their own appeal to the Netherlands’ Supreme Court.

The only boost to their legal fight came from the court agreeing with the activists that Shell had an obligation to cut its greenhouse gas emissions to protect people from global warming.

The appeal court, in its findings, added however that the company was on its way to meet required targets for its own emissions though it was unclear if demands on it to reduce emissions caused by the use of its products would help the fight against climate change.

Shell chief executive, Wael Sawan, responded: “We are pleased with the court’s decision, which we believe is the right one for the global energy transition, the Netherlands and our company.

“Our target to become a net-zero emissions energy business by 2050 remains at the heart of Shell’s strategy and is transforming our business. This includes continuing our work to halve emissions from our operations by 2030.

“We are making good progress in our strategy to deliver more value with less emissions.”

Friends of the Earth director in the Netherlands Donald Pols said of the ruling “This hurts.

“At the same time, we see that this case has ensured that major polluters are not immune and has further stimulated the debate about their responsibility in combating dangerous climate change.

“That is why we continue to tackle major polluters, such as Shell.”

Business

Homebase deal leaves 2,000 jobs at risk

Published

9 hours ago

November 13, 2024

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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.

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.

Business

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

Published

15 hours ago

November 13, 2024

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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.

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.”

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.

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.”

Business

Why P&O Ferries’ pariah status may never change

Published

15 hours ago

November 13, 2024

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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.

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.

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.

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.