Martin Fountain and others (as identified in Annexes A and B) First v LDO Realisations Limited (in Administration) formerly known as Octagon Developments Limited (in Administration) Second Respondent: Secretary of State for Business and Trade (interested party) — 2026

The tribunal upheld the claim that LDO Realisations Limited (in Administration), formerly Octagon Developments Limited (in Administration), failed to comply with its collective consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. At least 20 employees at one establishment were proposed to be dismissed as redundant within 90 days or less. The affected employees first learned on 19 December 2024 that they were being made redundant, and dismissals took effect immediately or shortly afterwards.

There was no recognised trade union, no arrangement for electing employee representatives, and no collective or individual redundancy consultation. The tribunal found no evidence of special circumstances making compliance not reasonably practicable. It found that the business had experienced losses and a continuing downturn over a prolonged period, rather than a sudden disaster, and that the failure to consult was wholesale. Applying the approach in Radin [2004] ICR 893, the tribunal found no mitigating circumstances justifying a reduction from the maximum protected period.