Food and Drink Seminar, London - 29 September 2011

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Eversheds' Food and Drink Seminar presentation - 29 September 2011, London.

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<ul><li> 1. Eversheds Food and Drink SectorSeminarAdvice and guidance with real biteParmjit Singh, Head of Food and Drink SectorEversheds LLP29 September 2011</li></ul><p> 2. Embracing social mediaAndrew Terry, Eversheds LLP29 September 2011 3. What we will cover What do we mean by social media? Areas of corporate risk Third party terms of use Employee social media policies Third party comments Defamation Notice-and-take-down Privacy ASA Social media guidelines 4. What do we mean by social media? A conversation v one-way traffic Wide ranging: Social and business networking sites e.g. Facebook, LinkedIn, MySpace, Bebo Blogs: a web log e.g. Twitter, Blogspot, Square Space Digital media sharing e.g. YouTube, Flickr, Slideshare Wiki BUT much overlap and rapidly changing AND your own website 5. Areas of corporate risk Another means of corporate communication BUTlack of control, brevity and casual use increasereputational risk: defamatory comments misleading advertising disclosure of private information employee misconduct Manage by: adopting appropriate internal policies reviewing regularly devoting adequate resources complementing established marketing 6. Third party terms of use Twitter No distinction between corporate and individual users Expressly encourages broad re-use and copying of content Facebook Specific promotion guidelines (no use of Facebook features as entry mechanism e.g. liking of a Page) (clause 3.9) No collection of user content or information using automated means (clause 3.2) or without consent (clause 5.7) Linkedin No adaption or modification of works based on other users content No unsolicited or unauthorised advertising or promotional materials 7. Employee social media policies Risk of abuse, data leaks, time wasting Issues can still arise if comments out of hoursand on own equipment Need clear policy for misconduct andconsequences of breach Adequate training and agreeing social media(and email) etiquette 8. Third party comments Monitor third party sites for damaging commentsand IP infringement Monitor sites/content under your control (eventhough you may lose intermediaries defence) Identify and communicate with disaffectedcustomers Internal response team Legal intervention Defamation law Notice-and-take-down procedures Privacy rights 9. Defamation Wide protection any statements which makereaders think worse of a person or organisation Publication Balance of power in Claimants hands Defences available (justification, fair comment,qualified privilege) Aim vindication (damages, apology, retraction,costs) Clear potential for vicarious liability 10. Notice-and-take-down procedures Defamation actions: author, editor, publisher Identifying the author Likelihood of relief against bloggers etc Position in meantime Role of ISPs and other intermediaries E-Commerce Regs 2002 (Reg.17-19) - defence for mere conduit, caching or hosting if no actual knowledge s. (1) Defamation Act - if not an author, publisher etc and no reason to believe defamatory May lose protection if have editorial control Put on notice (including for IPR infringers) 11. Privacy rights Right to respect for private and family life, home, health andcorrespondence Article 8 ECHR(1) Is it private information?(2) Is there a reasonable expectation of privacy?(3) Is there a genuine public interest? Private Information emotional relationships / family / friends job performance business information Injunctions v Super Injunctions 12. ASA : online remit extensionAdvertisements and other marketingcommunications by or from companies,organisations or sole traders on their ownwebsites, or in other non-paid-for space onlineunder their control, that are directly connectedwith the supply or transfer of goods, services,opportunities and gifts Primary intent is to sell something though not necessarilyimmediately Has it appeared in the same or very similar form in thirdparty space? New sanctions enhanced name and shame, removal ofadverts 13. ASA : food &amp; drink 2010 - 3rd most complained about sector Dedicated sections of CAP/BCAP Codes (Rules 13/14) Special restrictions for HFSS Reflect wording and requirements of EC Regulation1924/2006 on Nutrition and Health Claims General health claims grace period until CommunityRegister is up and running then must beaccompanied by approved health claim Nutrition claims - as per the Annex to the Regulation But no immunity - all adverts will still be assessedand interpreted by ASA 14. ASA : user generated content UGC is content created by private individuals outside remit But UGC falls within remit if adopted andincorporated within own marketingcommunications Customer reviews inside or outside remit? Content excluded from remit extension: press releases and other public relations material editorial content natural listings heritage advertising 15. Content of social media policies who writes the copy? tone of company voice? what is the posting process from inception topublication? how often do you update or post? who monitors and how often? policing in moderation (abuse v negativecomments) correcting mistakes quickly ensure enforcement is uniform 16. Final Remarksand Questions? 17. Eversheds Food and Drink SectorSeminarBreak 18. Food &amp; Drink Annual SeminarChanging your Operational SpaceRichard New &amp; Wie-men Ho, Eversheds LLP29 September 2011 19. Changing your Operational Space People Managing Redundancies Redundancy selection criteria Agency Workers Implementing pay cuts Property Sale Getting out of leases Residual liabilities 20. Changing your Operational Space Managing Redundancies Selection Consultation Alternative employment 21. Selection Pools Disability Discrimination &amp; ReasonableAdjustments Lancaster -v- TBWA Manchester UK EAT Employee suffered from panic and social anxiety disorder 3 selection criteria focused on communication skills Does an employer have a duty to make reasonableadjustments to redundancy selection criteria applied to adisabled employee? 22. Selection Pools Bumping Redundancy Fulcrum Pharma (Europe) Ltd -v- Bonassera andOther Importance of considering whether a redundancypool should be constituted on a vertical ratherthan a horizontal basis Onus on employer to raise issue 23. Consultation Age Discrimination and Consultation Woodcock -v- Cumbria Primary Care Trust Does it amount to age discrimination to dismisssomeone without proper consultation so that thenotice period expires before the employee qualifiesfor enhanced pension payments? Considering the defence of justification 24. Collective Consultation In what circumstances can employer can treatemployee representatives as elected withoutholding a formal ballot Phillips -v- Xtera Communications Ltd Number of candidates for employeerepresentatives in a collective redundancysituation exactly matches the number of vacanciesdoes the employer still have to hold a ballot? 25. Alternative Employment Regulation 10 of the Maternity and PaternityRegulations Alternative employment and redundancy of employeeon maternity leave Trial periods - Optical Express Limited -v- Williams 26. Agency Workers and Redundancy Laws Obligation to inform and consult in a collectiveredundancy situation will include informationabout agency workers Access to information about vacancies 27. Alternatives to Redundancy Reducing employee headcount Work stoppages Pay Reductions Secondments Early Retirement 28. Sale Options Sale Sale and Leaseback Owner Buyer of Freehold (Landlord) Lease back to original owner (Tenant) 29. Getting out of LeasesFlexibilityTimingBargaining Power Critical?Strength of Legal BreaksFlexible on PositionTiming?Ability to Commit Cost of delayBranch Performance s.25/Landlords.26/Litigation CostsBreachess.27 Strategic ImportanceCost/Benefit ConsiderRecoverabilityAlienationSurrendersStreamlining Quickest Route to exit? 30. Break Options Drafting Service Conditionality Loose Ends Insurance By when do theconditions need Correct Parties Vacantto be complied Possession Methodwith? Searches Return of Lease Place Use of Calculation ofcorrespondenceDates Return of Keys Timingto put landlord ina more difficult Interpretation Dilapidationsposition Confirmation 31. AlienationHow to make the best applicationThe ApplicationThe Response Compliant with 1988 Act Is it in time? And does it comply with the Includes undertaking 1988 Act? Encloses references/accounts If not you may be able to proceed Warns of consequenceswithout consent Seeks to obtain consent via a signed Implications/risksletter. The Outcome The Proceedings Consent obtained; or Fixed fee Issue proceedings; or 3-4 months if part 8 claim Proceed anyway. Create tactical pressure Can recover damages. 32. Landlord BreachesPossible (usually tricky) optionsRepudiatory breach by Landlord e.g. derogation from grant or breachof quiet enjoyment Has the Lease been affirmed?NoYes Tenant may be able to terminate the Lease 33. Residual Liabilities Dilapidations Injunctions Damages ForfeitureRe-Entry to Undertake Works Is notice validly served? Leasehold Property Leasehold Can some of (Repairs) Act Property the work be 1938? (Repairs) Act excluded? 1938? Can the Rainbow v Can entry be landlord show S.146 LPA 1925Tolkenhold refused? that there is a diminution in Waiver Can the value to its landlord be interest? Right to relief deterred based (Section 18 upon the LTA 1927) practical difficulties? 34. Final Remarksand Questions? 35. Five-fold EnvironmentalAmbitionAndrew Kuyk CBEDirector of Sustainability &amp; CompetitivenessFood and Drink Federation 36. UK Food and Drink ManufacturingIndustry Represents 15% of the UKs totalmanufacturing sector Is one of the largest food and drinkmanufacturing industries in the world Directly employs over 400,000 people Is an important trading partner withEurope and a key partner for UK farmers Comprises 6,500 companies, themajority being SMEs or microenterprises 37. Five-Fold Environmental Ambition Launched in 2007 About making a real difference for theenvironment FDF members have good environmental recordsindividually This is a collective and more structured approachfocusing on areas where we can make thebiggest difference 38. Five-Fold Environmental Ambition Significantly reducing CO2 emissions Zero food and packaging waste to landfill Cutting the packaging reaching households Reducing the amount of water used in factories Fewer, and friendlier, food transport miles 39. Reviewing OurFive-Fold Environmental Ambition In July 2010 weconducted a review of ourAmbition Consulted members,NGOs and Government Held a workshop withstakeholders and carriedout a formal consultation Launched a revisedAmbition in December2010 40. Our Five-fold Ambition The 1st part of our Five-fold ambition is: to achieve a 35% absolute reduction in CO2emissions by 2020 compared to 1990 41. Reducing CO2 Emissions Our Progress A 21% absolute reduction in on-site CO2emissions in 2009 compared to 1990; Identification of supply chain hotspots usingPAS 2050; work with Carbon Trust onsupporting analysis and data tools; Reviewing our reporting methodology to alignmore closely with recognised publicly-availablereporting standards; Investigating options to report on othergreenhouse gas emissions, such as HFCrefrigerants. 42. Our Five-fold Ambition The 2nd part of our Five-fold ambition is: to seek to send zero food and packagingwaste to landfill by 2015 at the latest; to make a significant contribution to WRAPsCourtauld Commitment 2 target to reduceproduct and packaging waste in the supplychain by 5% by end of 2012 against a 2009baseline. 43. Food and Packaging Waste Our ProgressFDF Survey of Food and Packaging WasteArisings in the UK Of the waste produced in 2009 only 9% was sentto landfill, with 90.3% recovered or recycled insome manner A significant improvement on both 2006 (16.5%)and 2008 (12.5%) Decoupling of waste generation againstproduction Shift towards the middle tier of the wastehierarchy 44. Our Five-fold Ambition The 3rd part of our Five-fold ambition is: to make a significant contribution to WRAPswork in reducing the carbon impact ofpackaging by 10% by 2012 against a 2009baseline to give consideration to developing a campaignof engagement with consumers to help themboth better understand the role of packagingand reduce its impact 45. Reducing the impact of Packaging - Our Progress First Courtauld target to halt packaging growth in2008 was achieved along with a cumulative500,000 tonne reduction(2005-09); Supported BRC on pack recycling label scheme -15 members currently signed up; Contributed toimplementation ofGovernmentPackaging Strategy. 46. Reducing the impact of Packaging - Our ProgressFDF signatories to Courtauld Commitment 2 47. Our Five-fold Ambition The 4th part of our Five-fold ambition is: to contribute to an industry-wide absolutetarget in the FISS to reduce water use by20% by 2020 compared to 2007; to develop guidance on water use andmanagement in the supply chain. 48. Reducing Water Use- Our Progress Under the Federation House Commitmentsignatories total water use (excluding thatembedded in products) in 2009 has reduced by5.6% against the 2007 baseline. Since 2007 production by FHC signatories hasincreased by 4.2% and water used per tonne ofproduct has been reduced by 9.4%. Developed a new FDF Water Policy coveringboth operational and supply chain uses of water. 49. Our Five-fold Ambition The 5th part of our Five-fold ambition is: to embed environmental standards in ourtransport practices to achieve fewer andfriendlier food transport miles; to contribute to IGDs Efficient ConsumerResponse UK Sustainable DistributionInitiative. 50. Reducing the impact of Transport- Our Progress 51. The New Context Our role as food and drink manufacturers is to supply consumers with safe,nutritious, appetising and affordable food and to help them make sustainablechoices which will secure these benefits for the future We will lead by example, building on the success of FDFs Five-foldEnvironmental Ambition to extend our influence across the supply chain as partof a longer term food strategy We will work with our suppliers, customers, employees, policy makers and otherstakeholders to develop the necessary information, skills and businessenvironment to deliver continuous improvement in the use of energy, water andother natural resources to help address the pressing global issues of climatechange and loss of biodiversity We will encourage the development of life-cycle thinking throughout the supplychain and try to remove systemic barriers to improving resource efficiency, fromthe sourcing of raw materials to the disposal of post-consumer waste We will promote innovation and technology to reduce waste and extractmaximum value from the resources we use and to help consumers get the mostfrom our products 52. Foresight Report: Global Food and Far...</p>