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Retail Law Roundup: December 2024

12 December 2024
Emma Roake

Welcome to the inaugural edition of our monthly Retail Law Roundup, in which we give a snapshot of our latest updates relevant to retailers and brands.

This edition looks at the new consumer law enforcement powers of the Competition and Markets Authority, and some points which retailers should be thinking about now ahead of those powers coming into force in April 2025. We also explain the impact which the Levelling Up and Regeneration Act 2023 will have on retailers with vacant properties. Finally, our employment law update looks at a recent high-profile case in the world of football dealing with whether an employer could withhold wages when an employee was prevented from working due to being in custody or being on bail.

UK consumer law: What is changing and how might it affect retailers? 

The Digital Markets, Competition and Consumers Act 2024, which became part of UK law earlier this year, will introduce significant changes to the enforcement of UK consumer protection laws.

There are several parts to the Act dealing with different issues, but the rules modifying consumer law and enforcement are due to come into effect in around April 2025.

Find out more

Navigating the Levelling Up and Regeneration Act 2023: Implications for retailers with vacant premises

Part 10 of the Levelling Up and Regeneration Act 2023 and The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024 are now in force.  

The Act and the Regulations represent a strategic initiative to address the challenge of vacant spaces in high streets and town centres. By facilitating rental auctions and establishing clear standards and obligations, this framework aims to attract retailers, enhance local economies, and contribute to the vibrancy of urban communities.

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Balancing employer flexibility and employee rights

The recent case of Mr B Mendy v Manchester City Football Club Ltd 2411709/2023 has underscored the importance for employers to carefully assess the language used in employment contracts.

Specifically, it is crucial to determine whether the contract grants the employer adequate leeway to withhold wages when an employee, though 'ready and willing to work', is hindered from doing so because of external constraints, such as bail conditions or decisions made by third-party regulators.

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Emma Roake

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emma.roake@brownejacobson.com

+44 (0)330 045 2289

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