Hard Stop: Supply Chain Pressures and the 'New Normal'

Since the turn of the year, the UK and many other parts of the world have dismantled the remaining restrictions designed to prevent the spread of Covid-19.

That process has been accompanied by a raft of assumptions advanced by commentators who - like the rest of us - have been trying to make sense of the prospects for life and the economy after two years in lockdown.

If anything, however, the last few months have continued to reiterate the difficulties in predicting the future, as businesses in key sectors find themselves facing new and, in some cases, existential challenges.

Take the world of retail, for example.

Back in March 2020, high street shoppers had no choice but to head online en masse. As a result, internet sales volumes were driven to record levels as even relative sceptics became fully-fledged e-consumers.

According to figures published by the Office for National Statistics (ONS), online orders in the UK in the nine months after February 2020 - the month before Boris Johnson imposed measures to combat coronavirus infections - rose by 150 per cent (https://www.ons.gov.uk/businessindustryandtrade/retailindustry/datasets/retailsalesindexinternetsales).

That same data shows the extent to which having high street 'bricks and mortar' stores fully open has affected the amount of business being done by e-tailers. The proportion of all retail sales in March which were accounted for by online orders represented a reduction of 11 per cent in just 12 months.

Yet that very recent pattern needs to be weighed against the context of growth in the volume of shopping which we do by computer, tablet and mobile 'phone. In March, just over £2 billion was spent online every week - up 55 per cent on the total in February 2020.

It is one reason why during November and December - the busiest period of the year for retailers and logistics operators alike - any available capacity to transport parcels has become so stretched.

The increase in e-commerce now coincides with broader economic pressures, wrought to a large degree by Russia's invasion of Ukraine.

Its impact has been felt in a variety of ways. What some commentators have described as “uncomfortably high” inflation has driven energy bills higher, leading consumers to tighten their belts (https://www.theguardian.com/business/2022/may/09/high-uk-inflation-could-last-for-years-rather-than-months-warns-economist).

Within the last week, Logistics UK, the logistics industry body, has revealed that nearly three-quarters of UK freight firms have reported an "escalation" in the cost of transporting goods in recent months compared to a year ago (https://logistics.org.uk/media/press-releases/2022/may/seven-in-ten-logistics-operators-report-escalating).

A number of leading retail brands have also been affected by higher supply chain costs, bringing about lower than expected results and a change in senior executives (https://www.retailgazette.co.uk/blog/2022/05/joules-ceo-to-exit-as-it-warns-cost-of-living-crisis-has-hit-profits/).

These very different circumstances illustrate the importance for both retailers and suppliers, including logistics firms, of regularly reviewing their positions on key issues going forward.

This is precisely the kind of work which I - together with my colleagues at Bexley Beaumont - have been advising on for several years, providing assistance to a number of familiar retail and transport brands.

One of the most fundamental elements in adapting and bolstering future operations actually requires a little retrospective analysis. By that, I mean checking existing contracts to ensure that their terms are still appropriate.

In some cases, I have been told of contracts which have remained largely unchanged for a decade, during which e-commerce traders and supply chain partners have undergone tremendous change.

Price is naturally among the most critical items to revisit in contracts. Are the costs associated with supply / delivery flexible or fixed - and, if the latter, for how long?

The recent increase in fuel costs has prompted some logistics firms to add surcharges to their services. To the price of fuel can be added personnel costs which, for some companies, have been higher since Brexit.

Even if contracts do have scope for price rises to address those expenditures, will they fully cover the effect of inflation? The flipside of logistics companies being fully protected is that there's a negative consequence for retailers: do they pass the increased costs onto consumers or take the financial 'hit' themselves?

Likewise, many contracts between logistics firms and retailers relate to the volumes of parcels to be carried to consumers.

Any agreements struck before the pandemic may not reflect current volumes - either across the entire year or during the pre-Christmas peak.

Volume-based agreements struck when online orders were at their height may not be suitable if sales and parcel numbers have since dipped. They may also not adequately account for one of e-commerce's biggest challenges: the amount of goods which are bought online and subsequently returned.

All of that may impact on price and, therefore, should be reconsidered and renegotiated, as necessary.

There is no 'one-size-fits-all' approach to the process. As with any commercial negotiations, the details will depend on the circumstances and relationships of the individual parties.

All of this together represents something of a challenge to businesses whose hopes for stability after the pandemic have been affected by war and the potential for recession.

For those companies, it can be of great assistance to be able to call on advisers with the experience and capabilities needed to guide them through the nuances of supply chain contracts.

In a time of change, certainty and knowledge can be the difference between success and failure.