Mr Aleksejs Capla v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025

The judgment was made under Rule 22 after the respondents were not represented. The tribunal found that all claimants in claim numbers 3306035/2024 to 3306065/2024 were employed at Lutton Farm, that Mr Capla was made redundant on 3 May 2024, and that there was no recognised trade union or elected employee representatives at the establishment.

The tribunal found that 20 or more employees at the establishment were placed at risk of redundancy on or within 90 days of 11 April 2024, and that the claimants were dismissed during that period contrary to the statutory requirements. It held that the First to Fifth respondents had failed to comply with section 188 TULRCA and that Mr Capla's individual claim for a protective award under section 189 TULRCA succeeded. The protective award required remuneration for a protected period beginning on 11 April 2024 and lasting 90 days; the judgment stated that the Recoupment Regulations apply.

The tribunal held that Mr Capla was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. It awarded £10,500, calculated by reference to gross weekly pay of £703.21, 14 years' continuous service and age 43 at dismissal. The tribunal also found that he had not been paid wages from 8 April 2024, and awarded £3,280.67 for arrears of pay and £1,219.99 for unpaid accrued but untaken holiday pay.

The tribunal recorded that Mr Capla had successfully mitigated his loss following dismissal and that there was no claim for notice pay. Lutton Farms Limited, in voluntary liquidation, was added as the Fifth Respondent, and the claim against the Sixth Respondent, the Secretary of State, was to be listed for a case management hearing.