Forrest Fresh Foods Ltd

1 EMPLOYMENT TRIBUNALS Claimant: Mr Mark Andrew Craven Respondent: Forrest Fresh Foods Limited Heard at: Manchester (in person and by CVP) On: 12-15 May 2025 Before: Employment Judge Leach, Mr J Flynn, Ms S Moores. Representatives For the claimant: In Person For the respondent: Ms E Evan-Jarvis (solicitor) JUDGMENT The unanimous judgment is as follows:- 1. the claimant was constructively and unfairly dismissed. 2. The date of dismissal was 3 February 2023. The claim was presented within the relevant time limit under section 111 Employment Rights Act 1996. REASONS A. Introduction 1. The claimant brings a complaint of constructive, unfair dismissal, saying he resigned from his employment with the respondent on 3 February 2023, in response to the respondent’s fundamental breach(es) of contract. 2 2. The respondent disputes that the claimant was constructively dismissed, although claims that he was actually dismissed much earlier, on or about 10 June 2022, and that this claim was presented out of time. Proceedings to date 3. This claim was issued on 9 June 2023 after the claimant had been through ACAS early conciliation, a process which began on 19 April 2023 and concluded with an early conciliation certificate issued on 10 May 2023. 4. This is the second claim that the claimant issued against the respondent. A claim was issued on 11 November 2022 (case 2408838/22) in which the claimant made various complaints about unauthorised deductions from his wages. We call this claim the “First Claim.” 5. The First Claim went to a final hearing before this (second) claim was issued. The final hearing of the First Claim took place on 6,7 March 2023 and 10,11 May 2023. Judgment was reserved and sent to the parties on 8 August 2023. In short, the judgment was that all the claimant’s unauthorised deductions complaints were dismissed. 6. The cla...