Welcome to our monthly quick fire round up of the Retail and Consumer sector's legal and market developments that should be on your radar this May. This edition features:
- Increased employee relations risk for retailers
- Guidance on gender in the workplace
- Increase in price negotiations between industry, government and retailers
- Resourcing challenges? AG Integrate
- Industrial relations training event
Retailers should plan for increased employee relations risk
As part of the sweeping trade union reforms being introduced by government, the new trade union right to access the workplace will have a significant impact on many employers in the retail sector. The new right of access coming into force in October 2026 will mean that unrecognised trade unions will be able to apply to access to the workplace to meet, support, represent, recruit and organise workers and we expect unions to target certain organisations and sectors, including the retail sector, with a view to achieving recognition. Employers will have limited time to respond to requests and little scope to refuse access outright. The penalties for breaching an access agreement are also significant, ranging from up to £75,000 for a first penalty to up to £500,000 for a third and subsequent breaches.
This represents a step change in the industrial relations landscape. Employers should be considering their employee engagement arrangements now and thinking about how they might want to respond to any access requests in advance of October 2026.
Contact Sarah Harrop to discuss further.
Gender in the workplace guidance – read how it will affect you
The Equality and Human Rights Commission (EHRC) has issued new guidance on gender in the workplace, confirming that for the purposes of the Equality Act 2010, “sex” means biological sex, in line with last year’s Supreme Court decision. This represents a significant shift for UK retailers, particularly regarding single-sex spaces such as toilets and changing rooms, which must now be restricted according to biological sex rather than gender identity. Retailers will need to review and potentially revise their policies to ensure compliance, while also ensuring that those undergoing gender reassignment and those with gender dysphoria continue to be safeguarded under the law. The guidance highlights the need for nuanced, case-by-case decisions and careful handling of sensitive data, as missteps could expose retailers to legal and reputational risks.
The position in Germany and the wider EU is less clear. EU discrimination law does not limit “sex” strictly to biological sex, and national laws vary widely, with some allowing individuals to change their legal gender without medical or biological requirements, such as Germany’s Self-Determination Act. Many German and EU rules do not specify whether “sex” refers to biological sex, legal gender, or gender identity, leaving employers to navigate a complex and fragmented landscape. Retailers operating across the UK and EU should be aware of these divergent approaches and ensure their policies are tailored appropriately for each jurisdiction.
Contact Shakeel Dad.
Price negotiations between industry, government, and retailers on the increase
The French Senate has published a scrutinised report on grocery retail pricing, following an extensive inquiry into the division of value and margins between food producers and supermarket chains. The report, which included 189 hearings with key industry leaders, is sharply critical of large retailers, highlighting concerns over their bargaining power and the share of value retained at the retail level, often at the expense of producers, especially farmers. The Senate’s recommendations could shape future legislation and include proposals for greater transparency on prices and margins, increased scrutiny of European purchasing platforms used by supermarket groups to negotiate outside French regulations, and a strengthening of rarely enforced rules, such as the prohibition on abuse of economic dependency. Although no immediate legal changes are proposed, these recommendations signal ongoing pressure on retailers in France and the wider EU, with the potential for stricter rules in an already highly regulated sector. There has been similar pressure for action elsewhere, though the outcome in the UK has been less interventionist. In the UK, a study of the drivers for price increases in 2024 gave the sector a clean bill of health. A more recent attempt by the UK government to offer regulatory concessions in exchange for a voluntary agreement to cap the price of key basic products quickly foundered. The Italian competition authority has work underway looking at retail distribution, prompted by many of the same concerns about rising prices. The output of that work is expected in the coming weeks.
Contact Michael Cousin (France) and Rona Bar-Isaac (UK).
Resourcing Challenges? AG Integrate
As in-house legal teams face growing demands and shifting priorities, interim resource has become an essential part of a modern, flexible resourcing strategy.
Clients regularly turn to us when work cannot wait for a permanent hire. Recruitment can take several months, during which workloads increase, priorities shift and in-house teams become stretched. Interim legal consultants provide immediate support, ensuring that critical work continues while permanent recruitment runs its course.
Recently, AG Integrate supported one of our large Retail & Consumer clients, enabling the team to maintain momentum, ease pressure on internal resource and ensure business continuity during a period of change. The client commented:
“[The consultant] has been brilliant and is doing exactly what is needed. They have taken a lot off my plate, and the assignment is working very well.”
The interim legal market continues to evolve – while interim legal consultants are still used to cover short term resource gaps, they are now also increasingly engaged as part of a broader strategic resourcing model. This approach enables clients to access specialist expertise at pace, support transformation and change programmes, and introduce greater flexibility and resilience into their legal teams.
AG Integrate connects clients with experienced freelance lawyers and legal professionals across the UK, enabling you to quickly scale your team in response to peaks in demand, project-specific requirements, or periods of absence. Our agile service model means you can access high-calibre contract lawyers and specialist expertise in legal operations, compliance, risk, governance, and company secretarial services with maximum flexibility and efficiency, precisely when and where you need it.
Don't miss out on: Industrial relations training event
We are holding an afternoon industrial relations training event on 29 September 2026 in our London office, where we will be looking at the new trade union right of access in more detail including hosting a panel discussion with industry experts. To register your interest, please email our Events team.
