hill dickinson let's talk shop christmas 2014
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Festive edition of the retail claims newsletter from retail lawyers Hill DickinsonTRANSCRIPT
Making a list and checking it twice
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Elf and safety
Page 3
‘twas the night before Christmas
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Christmas special 2014
let’s talk shop retail claims update
The lead-up to Christmas is the most important time of year for retailers looking to solidify their market position.It is no wonder, then, that a powerful marketing campaign is seen as a worthy investment, with the publicity that a successful campaign generates seemingly worth the millions of pounds that go into it. However, with so many platforms available – television, publications, social media and even products themselves – marketing teams across the nation will have been as busy as Santa’s elves as they compete for the coveted number one spot.
We have not been disappointed this year. From Monty the penguin, to Magic and Sparkle, our heart (and purse) strings have been well and truly pulled.
So, who looks set to win the race this year*?
Christmasnumber one!
John Lewis
Sainsburys
Debenhams
Coca Cola
Littlewoods
M&S
Waitrose
Tesco
issue 17
#specialbecause
#Montythepenguin
#followthefairies
#christmasisforsharing
#bakeitforward
#foundit
#makechristmas
#holidaysarecoming
#christmaswishes
We would like to wish all of our clients the best of luck with their marketing
campaigns and a very happy and prosperous new year!*All figures as at 24 November 2014.
hilldickinson.com/retail
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WelcomeIt’s the most wonderful time of the year again and here is our Christmas special of let’s talk shop! We hope you enjoy the glitz and sparkle of this festive issue.
Our leading feature focusses on the much talked about Christmas adverts, as we take a look at who is set to be ‘number one’ in the advert stakes this year.
As we come to the end of 2014, Kari Hansen provides the last in the series of ‘Focus on Risk’ articles looking at ‘Elf and safety’ in the work place (!), with some festive guidance on how to protect your employees, while Michelle Morgan advises on how to make the most of gathering customer data in the busy Christmas period.
We finish with some Christmas cheer for those dealing with retail claims, with Andrew Evans’ festive twist on a Christmas classic!
Our print subscribers freebie this year is a set of reindeer antlers… we couldn’t resist! We look forward to receiving photos of you wearing them!
Once again we brace ourselves for what’s to come in the new year in terms of incident and claims management and will be back with our usual range of articles. We will also be starting our ‘Focus on Claims’ series. So, join us in kicking back, relaxing and enjoying the yuletide break.
Finally, we would like to thank you all for your friendship and support this year.
With best wishes for a Merry Christmas and a Happy New Year.
Your Hill Dickinson retail team
Making a list and checking it twice
Retention of data gives you an opportunity to target existing and potential customers and to promote your business. It also enables you to target particular people with a personalised message - such as the various ‘Friends & Family’ Christmas discount vouchers currently doing the rounds.
Marketing communications can be cost-effective and extremely powerful in generating sales. However, if used in an irresponsible or ill-considered way, unsolicited email or text marketing can cause substantial nuisance and inconvenience to recipients. It could potentially lead to negative publicity, loss of consumer confidence and brand damage.
To get the most out of any direct marketing campaign you need to ensure that the data you hold is up-to-date and accurate. This means checking the mailing list regularly, removing duplicate entries and deleting names of those who have asked to be removed.
There is a strict regulatory framework governing the way retailers communicate with customers and, in serious cases, failure to adhere to the framework can also lead to enforcement action by the Information Commissioner’s Office, including the risk of a monetary penalty of up to £500,000 and/or criminal sanctions.
To avoid falling foul of the regulations, any campaign sending unsolicited communications should bear in mind the following principles:
individuals must understand that you may use their data for marketing purposes;
recipients must have the opportunity to opt out of receiving marketing communications at any time;
electronic communications should only be sent to people who have ‘opted in’ to receiving them - you may able to rely on ‘soft opt-in’ consent from existing customers to market similar products or services; and
you are legally required to check your customer database against the telephone preference service and fax preference service, which hold lists of people who have expressly opted out of receiving direct marketing materials.
Keep these principles in mind and your direct marketing campaign will lead to a ‘Holly Jolly Christmas’ all year!
Michelle Morgan [email protected]
Increased custom, both in store and online, over Christmas and New Year means ‘tis the season to be jolly for gathering customer data! One of our retail lawyers, Michelle Morgan reminds you of what you need to know to make the most of the information you gather at this time of year and avoid a ‘Bah Humbug’ experience…
Rockin’ around the Christmas treeAs an international law firm, we have offices all around the world. Here, we bring you our highlights of the festivities taking place in Hill Dickinson cities this Christmas...
Liverpool Snowflake trailManchester The SnowmanLondon Winter wonderlandSheffield Christmas markets
Piraeus Ice Station AntarticaSingapore 2.2km sparkling fairylandMonaco Casino squareHong Kong Symphony of lights
From dedicated shopping holidays, to the top toys of 2014, we bring you the latest festive news from the sector.
O’ shop all ye faithfulRetailers are feeling confident about sales this year, with 72% of retailers expecting revenues to increase according to Barclays Retail and Wholesale. A survey by YouGov predicts that households will spend an average £822 on Christmas, this year.
My Christmas e-listShopping via tablets is expected to take off this year, with 35% of retailers expecting sales on tablets to take the place of their main sales channel, ahead of smartphones and stores.
O’ TannenbaumMore families will be opting for two Christmas trees this year, according to the British Tree Growers Association. No longer satisfied with the average 6ft tree, there is also a greater demand for 7ft and 8ft trees.
All I want for Christmas is…According to the ‘Top Toy List’ produced by the Toy Retailers Association, the top three must-have toys this year are ‘Bop It! Beats’, ‘Disney Frozen Snow Glow Elsa’ and ‘Disney Frozen Sparkle Doll’.
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let’s talk shop issue 17
Christmas updateChristmas update
Rockin’ around the Christmas tree
With Santa’s elves busy filling the shelves with all things festive, there comes an increased risk of manual handling injuries. Kari Hansen takes a look at how you can maintain safe systems of work over the festive period and protect yourself from opportunistic claims.
Elf and safety
Sales are on the increase in the build-up to Christmas and all retailers will be feeling the pressure to keep up with demand. This places additional strain on staff to move and deliver stock to and around the store or in the warehouse. Frequent and heavy lifting and/or handling can cause injuries that may result in a claim.
Following the Enterprise and Regulatory Reform Act 2013, retailers now only have a common law duty to do everything reasonably practicable to protect their employees.
A Christmas cheer can be heard as the burden now falls on claimants to prove that the employer could or should have done more. But, to succeed in defending claims, employers will still have to show that all staff are trained in manual handling techniques.
This is imperative and even true of temporary workers who are employed only for the festive period to help retailers cope with increased demand.
Things to consider for your winter training plan
- Assess the risk in all manual handling operations.
- Restrict employees’ manual handling operations as far as is reasonably practicable.
- Reduce the size of loads and modify workstations to reduce carrying distances.
Remember, a bad back may be for life, not just for Christmas!
Kari Hansen [email protected]
let’s talk shop issue 17
If you would like to know more about our retail claims services, or any other services we provide, then please visit our website or contact one of our retail team:
Andrew Evans Partner, Head of Retail [email protected]
Kari Hansen Partner [email protected]
Kendrah Graham Senior Associate [email protected]
Paul Edwards Head of Costs [email protected]
Paula Leece Partner [email protected]
Nerys Parry Partner [email protected]
About Hill Dickinson The Hill Dickinson Group offers a comprehensive range of legal services from offices in Liverpool, Manchester, London, Sheffield, Piraeus, Singapore, Monaco and Hong Kong. Collectively the firms have more than 1300 people including 180 partners.
The information and any commentary contained in this newsletter are for general purposes only and do not constitute legal or any other type of professional advice. We do not accept and, to the extent permitted by law, exclude liability to any person for any loss which may arise from relying upon or otherwise using the information contained in this newsletter. Whilst every effort has been made when producing this newsletter, no liability is accepted for any error or omission. If you have a particular query or issue, we would strongly advise you to contact a member of the retail group, who will be happy to provide specific advice, rather than relying on the information or comments in this newsletter.
®Liverpool Manchester London Sheffield Piraeus Singapore Monaco Hong Kong
hilldickinson.com/retail
‘twas the night before Christmas, when all through the house Not a creature was stirring, not even a mouse The stockings were hung by the printers with care In hopes that Sir Jackson, soon would be thereThe clients were nestled all snug in their beds While visions of savings danced in their heads And Kari in her ‘kerchief and I in my cap Had just settled down for a long winter’s napWhen there in my inbox, there arose such a clatter I sprang from my chair to see what was the matter Away to the laptop I flew like a flash Tore open the email and let out a gaspThe reforms that we thought must surely be done Were not over yet, there was still more to come From the sharing of data, to accredited Docs And fundamental dishonesty as an exception to QOCS!With support from the Houses, and those they are taxin’ I knew in a moment it must be Sir Jackson I needed to relay the news to the group So I whistled and shouted and let out a whoopNow Kari! Now Hayley! Now Paula and John! Come Kendrah! Come Barry! Come Jo and Simon! To the top of the building To meeting room four Now hurry up! Hurry up! Hurry up all!Abolishing recovery of success fees Was just the beginning, or so it would seem Referrals and failure to comply are no more With Mitchell and Denton, settling the scoreWith lifecycles starting to reduce by the day The cost of a claim is more certain to say The portals have played their part in the fight To keep the cost down and contest what is rightThe year ahead looks set to keep up the pace The dishonest claimant will have a red face Their claim will be struck out, they won’t get a dime They’ll have to pay costs to account for their crimeWhat heartening news, to hear it’s not done Two thousand fifteen, so much more to come Sir Jackson and co, your message is clear Let justice be done, but don’t make it too dear!Now team, you’ve worked hard, and for this I am grateful Everybody is happy, so relax while you’re able Until the new year, when we resume our plight Merry Christmas to all, and to all a good night!!
Andrew Evans spreads some seasonal cheer to those dealing with retail claims with a festive twist on a Christmas classic...
was the night‘tbefore Christmas