Collective consultation thresholds
The Trade Union and Labour Relations (Consolidation) Act 1992 sets out the consultation rules when an employer proposes to dismiss 20 or more employees at one establishment over a 90-day period. Below those thresholds, only individual consultation rules apply. The thresholds and minimum periods are:
- 1 to 19 redundancies: no statutory minimum collective period; individual consultation required.
- 20 to 99 redundancies: at least 30 days of collective consultation before any dismissal takes effect.
- 100 or more redundancies: at least 45 days of collective consultation before any dismissal takes effect.
What collective consultation involves
The employer has to consult with appropriate representatives: recognised trade union officials if there’s a recognised union, or elected employee representatives otherwise. Consultation has to cover ways of avoiding the dismissals, ways of reducing the numbers, and ways of mitigating the consequences. It must be meaningful, not a tick-box exercise; a reasonable response to the points raised by representatives is expected.
The employer also has to notify the Department for Business and Trade (the HR1 form) of the proposed redundancies if the numbers cross the 20-employee threshold. Failure to notify is a criminal offence carrying an unlimited fine.
Individual consultation
Even when collective consultation isn’t triggered (under 20 redundancies), individual consultation is still legally required for a fair dismissal. There’s no fixed minimum period, but case law expects a reasonable period that allows the employee to consider the situation, raise alternatives, and respond meaningfully. A typical individual consultation might involve two or three meetings over one to three weeks.
The agenda usually mirrors the collective one: the reason for the redundancy, the selection process and criteria used, consideration of alternative roles internally, and the proposed terms (notice, redundancy pay, any enhancement). Each meeting is normally minuted and the employee can be accompanied by a colleague or trade union representative.
Notice during the consultation period
Notice of dismissal can be given during the consultation period, but the actual termination date can’t be before the consultation period ends. So in a 30-day collective consultation, the employer can give 30-day notice on day one, which expires on day 30, the day the consultation period ends. They can’t give 30-day notice on day 15 and have the employment end on day 45 unless the notice runs through to that later date.
In practice, many employers wait until the consultation period is most of the way through before issuing notice. This gives more time for genuine alternatives to surface and reduces the risk that the consultation looks like a sham.
Pool, selection, and alternatives
Where some but not all employees in a department are being made redundant, the employer has to define a ‘pool’ of at-risk employees and apply objective selection criteria. Common criteria include skills, qualifications, length of service, performance ratings, and attendance. Selection criteria themselves are a consultation point; representatives can challenge them.
During consultation the employer must consider alternatives: internal redeployment, voluntary redundancy, reduced hours, job-sharing, sabbaticals. If suitable alternative employment exists, the employer should offer it to affected employees. Failure to offer suitable alternatives is a common ground for unfair-dismissal claims.
What you can do during consultation
Engage in the process. Ask for the rationale, the selection criteria, and the numbers in writing. Suggest alternatives. Ask about internal opportunities. Take notes of every meeting. Bring a representative if you have one (a union official, a colleague, or in some cases a solicitor). If you’re offered a settlement agreement to leave on enhanced terms, take advice before signing.
See also redundancy pay calculator to confirm the statutory minimum, redundancy notice period calculator for the notice you’re entitled to, being made redundant during probation, and negotiating a settlement if one is offered.
Frequently asked questions
- How long is the UK redundancy consultation period?
- It depends on how many people are being dismissed. For 20-99 redundancies in one establishment over 90 days, the minimum collective consultation is 30 days. For 100 or more, it's 45 days. For fewer than 20, there's no statutory minimum, but individual consultation is still legally required and a reasonable period is expected.
- What has to happen during consultation?
- Consultation has to cover the reasons for the redundancies, alternatives to redundancy, selection criteria, ways to reduce numbers, and ways to mitigate the impact. It must be 'meaningful' — the employer has to engage with what's said, not just go through the motions. For collective consultation, it's with elected employee representatives or recognised trade union; for individual, it's with each affected employee.
- Can the employer give notice during consultation?
- Notice of dismissal can be given during the consultation period, but it can't take effect (i.e. the employment can't end) until after the consultation period is complete. So if a 30-day consultation starts on 1 April with proposed dismissals on 1 May, notice given on 15 April would be lawful but the actual termination date can't be before 1 May.
- What happens if my employer skips consultation?
- Failing to consult is unlawful. For collective redundancies, employees can claim a 'protective award' of up to 90 days' pay per affected person at an employment tribunal. For individual redundancies, lack of consultation typically makes the dismissal unfair (where the employee has 2+ years of service). Both routes have short time limits.
General information about UK redundancy consultation, not legal advice. For your specific situation, contact ACAS or an employment-law solicitor.