Before making you redundant, your employer must follow a proper consultation process. This guide explains how long consultation must last, what it must cover, and what you can do if your employer skips it.
Redundancy is not something your employer can simply announce and implement. They must follow a proper process, and consultation is at the heart of it. If your employer fails to consult properly, you may have grounds to claim unfair dismissal — even if the underlying redundancy was genuine.
There are two separate consultation obligations in UK redundancy law:
For any redundancy, your employer must consult with you individually and meaningfully. The courts have said that consultation must be:
Individual consultation should cover:
There is no statutory minimum period for individual consultation (unless collective rules apply), but courts expect a reasonable opportunity to respond and put your case.
When an employer proposes to make 20 or more employees redundant within a 90-day period at one establishment, statutory collective consultation obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) kick in.
| Number of redundancies proposed | Minimum consultation period |
|---|---|
| 20–99 | At least 30 days before first dismissal |
| 100 or more | At least 45 days before first dismissal |
These minimum periods must begin before any notices of redundancy are issued.
Collective consultation must be with:
The employer cannot simply consult with individual employees — they must engage with representatives.
If 20 or more redundancies are proposed at one establishment, the employer must notify the Secretary of State (via the HR1 form) at least 30 days before the first dismissal (or 45 days for 100+). Failure to do so is a criminal offence.
The employer must provide representatives with written information including:
The redundancy selection pool and criteria must be:
Common criteria include skills, performance, attendance, and disciplinary record. Length of service alone (LIFO) is not recommended as it tends to disadvantage younger workers.
You should always be offered a right to appeal your redundancy selection. This gives you the opportunity to challenge:
Your employer must genuinely consider alternatives before making you redundant:
If you are on maternity, adoption, or shared parental leave and are at risk of redundancy, you have the right to be offered any suitable alternative vacancies before other employees in the at-risk pool.
Individual level: If your employer fails to consult adequately, your dismissal may be unfair even if the underlying redundancy is genuine. You need 2 years' service to claim.
Collective level: If the statutory collective consultation obligations were not followed, employee representatives can apply to a tribunal for a protective award of up to 90 days' pay per affected employee. This can be substantial for large-scale redundancies.
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