Graeme Wearden 

Sports Direct shares rally despite criticism of workplace reform plan – as it happened

Long-awaited inquiry into working conditions at Sports Direct admits serious mistakes -- but doesn’t go far enough for many critics
  
  

Sports Direct founder Mike Ashley outside the Sports Direct headquarters in Shirebrook, Derbyshire.
Sports Direct founder Mike Ashley outside the Sports Direct headquarters in Shirebrook, Derbyshire. Photograph: Joe Giddens/PA

And finally.... Shares close 5% higher

It’s been a good day for Sports Direct investors, as well as for workers who can wave goodbye to that hated Six-Strikes list of offences.

Shares in the company just closed, up 5% today at 349p -- a level not seen since the Brexit vote -- as the City welcomes today’s report into the ‘serious shortcomings’ at the sports retailer.

That means Sports Direct is now worth £2.083bn, by my calculations, up from £1.98bn last night.

And 55% of that increase has gone to Mike Ashley, who still owns more than half the company.

The rally appears to be driven by optimism that Ashley is (belatedly) tackling its corporate governance failures, and put some of the Shirebrook scandal behind it.

But that might be too optimistic; as we’ve been covering through the day, unions, lawyers and commentators all fear that Sports Direct isn’t going far enough.

We have to wait another year for the new 360-degree assessment, announced today, to see how sweeping the company will be will be.

In the meantime, the Shirebook agency workers will still be stuck on their old zero-hour contracts, meaning Ashley’s dream of retail excellence is someway over the horizon.

Wednesday will be another big day for Sports Direct, as it faces shareholders at its AGM. Will chairman Keith Hellawell be forced out? Will the media get some proper answers from Ashley (he’s got a certain reputation for reticence with the press pack)?

Tune in tomorrow to find out.....

Our financial editor Nils Pratley has spoken - today’s report is simply ‘too tame’, and lets Mike Ashley off too easily.

Nils writes:

Welcome news: Sports Direct and Mike Ashley have decided they will no longer defend the indefensible. The company acknowledges “serious shortcomings” in working practices at its Shirebrook warehouse that it “deeply regrets and apologises for”. The notorious six strikes and you’re out policy has been abandoned. Past payments below the minimum wage are described as “unacceptable but unintentional”.

In stores, staff will be offered the chance to switch from zero-hours contracts to ones that guarantee 12 hours of employment a week. And Sports Direct is not saying the matter is closed: a fuller review of working practices and corporate governance will follow.

Jolly good, but let’s not pretend that this report is independent. It was written by one of the company’s legal advisers Reynolds Porter Chamberlain, and sections and phrases read almost as if they were dictated by Ashley....

More here:

Sky News’s Mark Kleinman has an interesting story -- one of Sports Direct’s landlords has insisted that the retailer commits to obey Britain’s anti-slavery laws!

Here’s the details:

One of the UK’s biggest commercial property landlords has begun inserting anti-slavery clauses in tenancy contracts amid growing scrutiny of working practices at retailers including Sports Direct International.

Sky News has learnt that Hermes Real Estate, an £8.2bn property group which is part of Hermes Investment Management, recently told Sports Direct of its anger at working conditions for the chain’s warehouse and shop-floor staff.

Hermes Real Estate has also asked lawyers to include anti-slavery clauses in all new lease management contracts - although the provisions do not apply to existing tenancy agreements, according to people close to the situation.

More here:

Although CEO Dave Forsey gets plenty of criticism in today’s Sports Direct report [as explained earlier] Mike Ashley avoids the blame bucket.

Instead, the inquiry restricts itself to rather bland reminders that the company’s founder (and driving force) can’t be expected to know everything that’s going on.

For example, this section paints Ashley as a man with a commitment to excellence:

Where there is rapid growth in lean structures and fast moving markets there is a greater strain placed on the business when it is trying to comply with its moral and legal obligations to its staff and the community. Growth businesses need to work harder to ensure that their working environment is and remains a healthy and productive one and even more so if it aspires to be one of the best places to work in retail, as stated by Mr Ashley.

A fine aspiration, of course. But can you imagine John Lewis, Marks & Spencer or Selfridges penalising staff for being ill or having to queue up and flash their underwear so guards can check they’ve not nicked anything?

Pound hits seven-week high

That screeching noise you can hear is the pound hitting its highest level against the US dollar since the immediate aftermath of the Brexit vote.

Sterling has jumped over $1.34, a seven week high, after new data showed an alarming slowdown in America’s service sector.

The US services PMI (which measure activity in the sector) slumped to 51.4, which means the slowest growth rate in six years. Economists expected a robust reading around 55.5, on a scale where 50 = stagnation.

Reuters’ ace Jamie McGeever has the details:

Legal firm Leigh Day is worried that the thousands of agency workers up in Shirebrook may still suffer unacceptable working practices, despite today’s pledges.

Partner Emma Satyamurti says:

“Having raised issues arising from the use of Zero Hours contracts in previous litigation against Sports Direct, we are pleased that today’s report suggests the company has finally realised that its use of these types of contracts is problematic. However it remains to be seen when and how this new commitment will be implemented, and whether historic injustices will be addressed.

“We remain concerned about the agency workers at Sports Direct’s Shirebrook warehouse, as this group do not appear to benefit from the guaranteed hours commitment made in Sport Direct’s media campaign launched ahead of tomorrow’s AGM – this pledge appears to be limited to staff directly employed by Sports Direct.

Leigh Day is already fighting a court case for Sports Direct workers who were excluded from its staff bonus scheme as they didn’t hold permanent contracts, as Satyamurti explains:

“We continue to represent 188 Sports Direct staff and ex-employees who missed out on bonuses because they were on zero hours contracts. Our clients, many of whom are long serving, worked hard to generate the large profits from which Sports Direct has benefited, yet were excluded from the bonus scheme run by the multi-billion pound company.”

Pressure continues to mount on Sports Direct’s top brass.

Leon Kamhi, head of responsibility at Hermes Investment Management (a SPD investor) has told Radio 4’s The World at One that a new chairman is needed.

Kamhi says Keith Hellawell should be replaced by a “strong, credible individual with experience of chairing a FTSE company”.

Sports Direct’s chief executive, Dave Forsey, cops plenty of flak in today’s report.

For example, Forsey is criticised for not ensuring that the company actually has a proper contract with the agencies supplying thousands of workers....

During the oral evidence of Mr Ashley before the [BIS] Committee [ he was asked about whether he should know more about the contracts between Sports Direct and the Agencies.

He observed that he couldn’t know everything about every contract. These agreements were ultimately the responsibility of Dave Forsey (“Mr Forsey”) as Chief Executive and others in the Retail Team who dealt with the Agencies on a day to day basis. In fact on investigation there appears to be no formal signed contract in place for either Agency. Effectively the terms and conditions are based on custom and practice and/or unsigned terms.

Forsey is also blasted for allowing workers to be paid less than the national minimum wage (as they hang around to be searched at the end of their shift):

At the management level Mr Forsey had failed to inform the Board (or Mr Ashley) of some of the issues namely the progress of the NMW issue in a timely or effective manner over the course of a year or so. Warning signs that had been given off by the media and to a lesser extent the Unions regarding NMW issues had not been heeded properly or adequately and so some points were not escalated.

These sound like career-limiting mistakes for a CEO. But not, apparently, at Sports Direct -- Forsey is still in his role, but has been ordered to give up his £3.6m bonus.

Updated

Let’s hope this is right....

It certainly makes a change from seeing a company’s share price rise when it announces job cuts.

But as flagged earlier, investors are also cheered by the prospect that SPD’s corporate governance problems might be addressed....

Updated

The Breaking Views team at Reuters reckon today’s changes won’t satisfy City critics -- meaning tomorrow’s Sports Direct AGM will be unmissable...

Unions: Sports Direct must do more

The dire working practices at Sports Direct’s warehouse have been a cause célèbre for Britain’s unions.

And two of the biggest unions aren’t prepared to drop their concerns, just because the company has apologised and pledged to mend its ways.

TUC General Secretary Frances O’Grady has echoed Labour, by pushing for zero-hours contracts to be canned.

“An apology is always a good start, but this is too little, too late. What we really need is an independent investigation, as called for by the trade union resolution at tomorrow’s Sports Direct AGM.

“A report written by a law firm which previously represented Mike Ashley and management simply won’t cut it. Sports Direct cannot be allowed to mark their own homework.

“Cases like this show why the government must act to end the abuse of zero-hours contracts, and get serious on enforcing employment rights.

The Unite union, which played a major role in uncovering the Sports Direct scandal, also wants Mike Ashley and co to do more - starting by curbing its use of agency staff.

Assistant general secretary Steve Turner explains:

Unite still has concerns over the use of the two employment agencies, The Best Connection and Transline, which supply over 3,400 workers to the Sports Direct Shirebrook warehouse. For Unite it has been their behaviour and the lack of oversight that has been the cause of so many of the abuses at Shirebrook.

“We therefore call on Sports Direct to reconsider its proposal to only move 10 agency workers a month onto direct, permanent contracts. At that rate it will take over 340 months or 28 years for the whole of the agency workforce at Shirebrook to be moved on to secure, direct contracts.

My colleague Simon Goodley is concerned that today’s report neglects some serious issues.

And he should know, having worked undercover at Sports Direct’s warehouse last year.

One key blindspot is that the report doesn’t really question why SPD employs so many agency workers at all (rather than putting them on staff -- and guaranteeing them more rights).

Simon writes:

Sports Direct has never given a proper justification as to why it needs to employ the vast majority of warehouse staff on temporary contracts all year round. Some workers have been there for years on these “temporary” arrangements, which even the report acknowledges are “arguably a form of “zero-hours contracts”.

Here’s his full verdict:

Every silver lining has a cloud.....

The jump in Sports Direct’s shares also shows the City welcomes its new review of corporate governance issues.

That’s been prompted by the build-up of criticism of chairman Keith Hellawell, who will face calls to resign at tomorrow’s AGM.

Bloomberg has a good take:

The company is trying to assuage concerns of investors, who are running out of patience with the embattled company and its billionaire founder Mike Ashley.

On Monday, Royal London Asset Management called for Hellawell to resign, saying that it will again oppose the reappointment of the company’s non-executive directors.

That followed public criticism by a group speaking for more than a quarter of independent shareholders.

Hellawell has already enjoyed a dramatic career -- he’s the former chief constable of West Yorkshire police, and also served as “drugs czar” for the last Labour government.

Updated

Sports Direct shares are surging

Shares in Sports Direct have jumped sharply this morning after the company announced it will improve its “serious shortcomings”.

They are up 6% at 352p, putting them near the top of the FTSE 250 risers.

That suggests City investors like the decision to end the six strikes policy, offer permanent contracts to its retail staff, pay staff above the minimum wage, and keep reviewing its working practices.

The shares are now at their highest points since the Brexit vote in June, valuing SPD at just over £2bn.

However, they’re still barely half their value last December (the month in which the Guardian exposed life in the Shirebrook ‘gulag’). The company fell out of the prestigious FTSE 100 index earlier this year, after hitting investors with a profit warning in January.

Updated

Labour: Zero hours contracts must go

The scandal of Sports Direct’s working conditions are proof that zero hours contracts to be outlawed altogether, says the Labour Party.

Jon Trickett, Labour’s Shadow Business Secretary, says:

“These are good steps forward from a company whose Dickensian working practices have shocked the country. I hope this isn’t the last word from Mr Ashley, and that we can look forward to further such announcements in coming weeks, particularly regarding warehouse staff.

“But we cannot rely on bad publicity to stamp out every instance of employers mistreating their staff. The Tory Government need to follow Labour’s lead and commit to banning zero hours contracts and other exploitative practices in the workplace.

“Surely modern employers value their workforce as their most important asset. We have launched Workplace 2020 because we believe that profitable and efficient enterprises in the 21st Century can and should have up-to-date personnel practices including the right for the workforce to join a union.”

Here’s more details on Workplace 2020, which Labour leader Jeremy Corbyn outlined in May.

It’s important to remember that Sports Direct isn’t abolishing zero hours contracts for agency workers at its Shirebrook warehouse [today’s offer of permanent contracts only applies to casual staff at its shops].

That’s significant, as most staff in Derbyshire are employed by agencies, not SPD itself.

The Resolution Foundation says we still need better protections for agency workers [who are often on the lowest wages with the least benefits].

Their policy analyst Conor D’Arcy says:

“Today’s report into working practices at Sports Direct highlights the pernicious effect of job insecurity on people’s lives.

“The move to offer guaranteed hours to staff on zero hours contracts is welcome and one that government should consider more widely, especially for those who have been on ZHCs for long periods of time.

“However, the fact that most staff at the Shirebrook warehouse are actually on agency books shows that there are many forms of employment contract at the bottom end of the British labour market that need closer scrutiny.”

Updated

Today’s report may not take the heat off Sports Direct’s chairman, Keith Hellawell.

He’s expected to face calls to resign tomorrow, when the company holds its annual shareholder meeting.

Sky News’s Charlotte Lomas predicts a ‘fiery’ encounter with investors.

Updated

BEIS department: Sports Direct must resolve problems fast

The government wants Sports Direct to crack on and implement today’s report.

A Department for Business, Energy and Industrial Strategy spokesperson says:

“Everybody deserves to be treated with dignity and respect at work.

“As its own report has recommended the company must now resolve its working practice issues as quickly as possible.”

More key points...

Today’s report is packed with changes to improve conditions at Sports Direct.

Some of them sound pretty basic, frankly, for a £2bn company that was recently in the FTSE 100.

They include:

  1. No longer banning staff from wearing 800 different brands of sports wear (instead, they’ll only be banned from wearing 30)
  2. A new confidential hotline for staff to report bullying and sexual harrassment
  3. A new review of the company’s HR operations
  4. Appointing a full time nurse from 8am to 4pm (helpful for the next time anyone goes into labour onside), and a Welfare Officer
  5. Closer engagement with the unions, to help Sports Direct become an “exemplary employer” (that’s the spirit, guys)

Here’s our full breakdown of the report:

BIS committee chair Iain Wright MP has now told the Today Programme that Sports Direct needs to go further to get its house fully in order:

Wright said:

“This isn’t a whitewash in terms of a report.

“There are questions over the independence of the people who have done it, because it is Mike Ashley’s lawyers who have published the report.

“It has gone a long way but not far enough.”

Hopefully Wright’s concerns will be addressed by the new review which SPD announced today.

Why the six-strikes policy is going

Sports Direct has also admitted that its policy of sacking staff who racked up six ‘strikes’ was flawed, and could allow workplace bullying.

The board say:

The business acknowledges that the six strikes policy in place as operated has serious shortcomings. It is a blunt instrument that can leave too much subjectivity in the hands of a few – contributing to a hierarchical and potentially oppressive model.

The list of potential offences did include some measures to prevent accidents - to discourage workers from climbing up the warehouse racks or not wearing safety kit.

But it also penalised staff who reported in sick, took too many toilet breaks, or were absent without permission.

That meant staff were afraid to take time off when their children were ill, and led to one worker going into labour on site.

Now, the SPD board want a new, fair system that “balances treating staff with dignity, respect and fairness and ensuring the business can deliver for its customers.”

So no more of this....

Sports Direct’s board are promising to change the ‘workforce balance’ at its Shirebook warehouse, which is currently dominated by agency workers on contracts that only guarantee 336 hours work a year.

It will run a test scheme to offer contracts to 10 agency staff each month (up from 2-per-month today).

And it also wants its agencies to review those 336-hours-a-year contracts.

Updated

Green Party: Over to you, Uber and Deliveroo....

Jonathan Bartley, the co-leader of the Green Party, has issued a statement welcoming Sports Directs decision to offer guaranteed hours to its casual retail staff.

Bartley says:

“I’m delighted to hear that Sports Direct, who I named and shamed in my speech to Green Party conference last week, are ending their use of zero-hour contracts and will now pay their staff a better wage - although we will have to wait and see whether the working conditions in warehouses improve too.

“This kind of brutal employment practise exposes the razor sharp edges of the so-called ‘gig economy’, and this decision has not come a moment too soon.”....

Bartley also hopes that other companies, whose working practices have been recently criticised, will follow Sports Direct.

He singles out two firms facing protests from their drivers over new pay structures which could leave them receiving below the minimum wage:

“It’s time for companies like Deliveroo and Uber to follow suit by ending their use of bogus self-employment contracts and guaranteeing staff decent pay, sick leave and job security.”

MPs welcome Sports Direct report

Iain Wright MP, who chairs the Business, Innovation and Skills Select Committee (which quizzed Mike Ashley in June), has given today’s report a cautious thumbs up:

Labour MPs Angela Rayner and David Lammy are also upbeat:

My colleague Sean Farrell is analysing the Sports Direct report, and says:

The report said Sports Direct’s chief executive, Dave Forsey, did not tell the board or Mike Ashley, the retailer’s founder, about the potential for Sports Direct to pay below the national minimum wage, which was also uncovered by the Guardian.

It said Ashley, who was hauled before MPs over conditions at the warehouse, “takes ultimate responsibility for any aspects of the working practices that were unsatisfactory”.

Here’s his news story:

Sports Direct apologises and ditches 6-strikes policy

Big news this morning -- Sports Direct has just published a report into working conditions at its warehouse in Shirebrook, Derbyshire, following a Guardian investigation.

And the review, by City law firm Reynolds Porter Chamberlain, has confirmed that the site fell far below acceptable standards.

As the report puts it, there are:

Serious shortcomings identified in working practices in warehouse which the Board deeply regrets and apologises for.

That’s no surprise to anyone whose followed this story, or saw founder Mike Ashley accused of running a “Victorian Warehouse”.

And the company is now promising to clean up its act.

For starters...Sports Direct has requested that the notorious “six strikes” policy operated by the agencies who supply warehouse staff is suspended “with immediate effect”.

(that policy meant staff could incur ‘strikes’ for breaking petty rules, including taking too many toilet breaks or chatting too much).

In another significant move, SPD will offer all its casual retail staff guaranteed hours instead of keeping them on ‘zero hours’. That doesn’t appear to apply to warehouse staff, though -- who are usually employed via agencies.

Also, it is committing to ensure that all warehouse staff are paid above National Minimum Wage. That was prompted by the revelation that workers endured security searches after their paid hours had finished.

And that’s not all -- Sports Direct is also launching a new inquiry into working conditions, to build on the findings released today.

It says:

This Report is to act as a benchmark for a further 360-degree 12-month Comprehensive Review to be put before shareholders in 2017.

The full report is online here.

It looks like a pretty significant reaction to the litany of problems exposed at Shirebrook. I’ll pull together some reaction now....

Updated

The agenda: UK retail sales slide in the warm

Good morning, and welcome to our rolling coverage of the world economy, the financial markets, the eurozone and business.

It looks like another day dominated by concerns over the health of the global economy, and the impact of Brexit on UK growth.

Overnight, the British Retail Consortium (BRC) has revealed that retail sales shrank last month. That suggests consumers are anxious; but actually it might be wrong to blame the EU vote, as Katie Allen explains:

Olympics on the TV and sunshine outside kept shoppers away from the high street in August and knocked retail sales, according to new industry data.

The latest snapshot of takings for shops, online stores and supermarkets from the British Retail Consortium (BRC) showed sales dropped 0.9% on a year earlier, in like-for-like terms. That contrasted with growth of 1.1% in July and was the weakest performance since April.

But there were some bright spots for retailers as the warm weather boosted sales of barbecues and wine.

Internationally, we’ll chew through the latest German factory orders, updated eurozone growth figures (at 10am), plus US service sector PMIs this afternoon.

And on the corporate side, UK housebuilders Redrow and Berkeley Group and cars-to-bikes chain Halfords are reporting results.

We’ll be tracking all the main developments through the day....

Updated

 

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