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2408838/2022Respondent Successful

Forrest Fresh Foods Ltd

30 July 2023England & WalesEmployment Judge Cline
GOV.UK

Case Summary

The claimant brought various claims against the respondent company for unauthorised deductions from his wages, including pension payments, PAYE, sick pay, payments to HMRC, and a bonus payment. The tribunal found that the claimant's employment status changed over time, and considered each head of claim separately based on whether he was an employee or director/shareholder. The tribunal dismissed the claimant's claims, finding that the deductions were either authorised or the claimant was not entitled to the payments as an employee.

Key Issues

  • whether the claimant was entitled to various deductions from his wages as an employee or as a director/shareholder
  • whether the respondent provided the claimant with a written contract of employment

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

duction of any of these amounts for the purposes of Section 13 of the ERA 1996? 3) Was the Claimant provided with a written

Working Time Regulations 1998Working Time Regulations 1998

mployment, including— (a) any fee, bonus, commission, holiday pay or other emolument referable to his employment, whethe

Decision Text

Case No: 2408838/2022 EMPLOYMENT TRIBUNALS Claimant: Mark Craven Respondent: Forrest Fresh Foods Limited Heard at: Manchester (by CVP) On: 6th, 7 th March; 10 th , 11 th May 2023 Before: Employment Judge Cline (sitting alone) Representation Claimant: Mr Lee Bronze, counsel Respondent: Mr Scott Redpath, counsel JUDGMENT 1) By consent, the Claimant’s claim for unauthorised deduction of wages by way of pension payments is withdrawn but not dismissed. 2) The Claimant’s claim for unauthorised deduction of wages by way of PAYE earnings is not well-founded and is dismissed. 3) The Claimant’s claim for unauthorised deduction of wages by way of sick pay is not well-founded and is dismissed. 4) The Claimant’s claim for unauthorised deduction of wages by way of payments to HMRC is not well-founded and is dismissed. 5) The Claimant’s claim for unauthorised deduction of wages by way of a bonus payment is not well-founded and is dismissed. 6) The Claimant’s claim that the Respondent did not provide him with written particulars of employment is not well-founded and is dismissed. Case No: 2408838/2022 REASONS The Parties and their Representation 1) The Claimant in this matter is Mr Mark Craven. The Respondent is Forrest Fresh Foods Limited, the managing director and majority shareholder of that company being Mr Christopher Craven, who is a second cousin of Mr Mark Craven. For the sake of clarity and brevity, I shall refer herein to the Claimant and Mr Craven, such that any reference to “Mr Craven” is to Christopher Craven. No disrespect is intended to the Claimant by not using his name but there is an obvious need to differentiate between the two individuals without any confusion. 2) Both parties were represented by counsel: Mr Bronze for the Claimant and Mr Redpath for the Respondent. I am grateful to both of them for their assistance in dealing with the matter and, especially, for focussi...

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Employer

Respondent

Forrest Fresh Foods Ltd

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Case Details

Case Number
2408838/2022
Tribunal
Employment Tribunal
Level
First instance
Decision Date
30/07/2023
Published
30/05/2024
Jurisdiction
England & Wales
Judge
Employment Judge Cline