Redundancy Consultation: What Should Your Employer Do?

What is redundancy consultation?

Redundancy consultation is the process in which an employer explains a proposed redundancy, listens to affected employees and considers whether the proposed dismissals can be avoided or reduced. It is an opportunity to discuss the reasons for the proposal, how employees may be selected, possible alternatives and ways to reduce the impact.

Consultation should be genuine rather than a meeting held simply to announce a decision that has already been made. Your employer does not have to accept every suggestion or reach an agreement with you. However, the process should allow your views to be considered before the decision is finalised.

The rules are different depending on whether the employer is proposing a small number of redundancies or a larger collective exercise. Individual consultation may be required as part of a fair redundancy process even when collective consultation is not triggered.

Official guidance is available from GOV.UK: Redundancy consultation and Acas: Redundancy consultations.

What should your employer discuss with you?

Your employer should explain the proposal clearly and give you a reasonable opportunity to respond. The precise topics will depend on the situation, but individual consultation commonly covers:

• Why the role may be redundant: the business reasons for the proposed change and why your role is affected.
• Alternatives to redundancy: whether the proposal can be avoided or the number of dismissals reduced.
• Selection: the proposed selection pool and criteria, where employees are being selected from a group.
• Possible redeployment: suitable alternative vacancies, retraining or other available roles.
• Your concerns and suggestions: information you believe the employer has overlooked and proposals that could change the outcome.
• Practical arrangements: notice, redundancy pay where applicable, and support during the process.

Ask questions if the business rationale, selection criteria or proposed timetable is unclear. If you have evidence that another role is available or that an alternative could reduce redundancies, raise it during consultation and keep a copy of what you submit.

Individual consultation: what if fewer than 20 people are affected?

Where an employer proposes fewer than 20 redundancies, the statutory collective consultation rules generally do not apply. That does not mean the employer can simply dismiss employees without a fair process. Individual consultation is an important part of a fair redundancy procedure, and a contract, collective agreement or workplace policy may provide additional rights.

There is no fixed statutory minimum length for individual redundancy consultation. The employer should allow enough time for meaningful discussion in the circumstances. Acas says the employer should meet each affected employee privately at least once, and should genuinely consider the employee’s suggestions before deciding what to do.

Consultation can take place over more than one meeting if that is needed to discuss questions, obtain information or consider alternatives. An employer should not treat a meeting as meaningful merely because it has been labelled a “consultation meeting”. What matters is what was discussed, whether you had a genuine opportunity to respond, and whether your points were considered.

Collective consultation: when is it legally required?

Collective consultation is a separate legal process involving the employer and recognised trade union representatives or elected employee representatives. Under the current general rules, it is required when an employer is proposing to make 20 or more employees redundant at one establishment within a period of 90 days or less.

The threshold is based on the proposed redundancies at an establishment, not simply the number of people in one team. The facts about the workplace, the proposed dismissals and the timing can matter. If an employer is restructuring several sites, do not assume that the organisation-wide total alone settles whether the current collective consultation threshold has been met.

These are minimum periods for the collective consultation process to begin before the first dismissal takes effect; they are not a guarantee that consultation will be complete or fair just because the period has passed. Consultation must be conducted with a view to reaching agreement, including considering ways to avoid dismissals, reduce their number and lessen their consequences.

Collective consultation does not replace individual consultation. An affected employee may need to be consulted individually as well as through representatives.

Read the current official guidance from GOV.UK: Making staff redundant and Acas: How to hold collective consultation.

What must happen during collective consultation?

When the collective rules apply, the employer must consult the appropriate trade union or elected employee representatives. The consultation should address ways to:

• avoid the proposed redundancies;
• reduce the number of employees who may be made redundant; and
• reduce the consequences for affected employees, including considering alternatives and support.

The employer must provide the legally required information about the proposal, including the reasons for the redundancies, the numbers and categories of employees affected, the proposed selection method, how dismissals would be carried out and how redundancy payments would be calculated. Representatives should have a genuine opportunity to consider the information, put forward views and discuss alternatives.

Where there are no suitable representatives already in place, the employer must follow the applicable rules for electing employee representatives. Employees affected by the proposals have rights relating to standing for election and voting.

Separate notification obligations also apply. Employers proposing collective redundancies generally need to notify the Redundancy Payments Service using form HR1 within the applicable statutory timetable. The notification requirement is separate from the duty to consult representatives.

Can your employer make the decision before consultation ends?

Consultation should take place while the proposal is still open to meaningful consideration. An employer should not simply announce a final decision and then ask employees for comments that cannot affect the outcome.

However, consultation does not mean that an employee has a veto over a genuine redundancy proposal. The employer can reject suggestions if it has considered them properly. The key question is whether the process was genuine and whether relevant alternatives and concerns were considered before the decision was made.

For example, imagine a company proposes removing a role because it plans to reorganise a department. During consultation, an employee identifies a vacancy with overlapping duties and offers evidence that they could perform the role after limited training. The employer should genuinely consider that information rather than dismiss it without examination. It does not automatically have to offer the role, but the response may be relevant to whether the process was fair.

What can you do if consultation is inadequate?

If you believe consultation has been rushed, started too late or ignored important alternatives, take practical steps to create a clear record of your concerns.

1. Ask for the proposal in writing. Request the business reasons, the proposed timetable, the selection criteria and any information relevant to your role.
2. Put your concerns in writing. Explain what you believe has been overlooked and why it could affect the proposal or selection process.
3. Suggest specific alternatives. Where appropriate, raise redeployment, retraining, reduced hours, voluntary redundancy or other realistic ways to avoid or reduce dismissals.
4. Keep records. Save consultation invitations, meeting notes, emails, selection documents and responses to your suggestions.
5. Check the applicable procedure. Review your contract, staff handbook, redundancy policy and any collective agreement.
6. Get advice promptly if dismissal appears likely. Employment tribunal time limits can be short, and internal discussions do not automatically pause them.

If collective consultation was legally required but not properly carried out, affected employees or representatives may be able to bring a claim for a protective award. If an individual redundancy dismissal was unfair, a separate unfair dismissal claim may be relevant depending on the circumstances and eligibility rules. These are different legal routes, and the facts determine which may apply.

What is the protective award for failure to consult?

A protective award is a potential employment tribunal remedy for failure to comply with collective consultation obligations. From 6 April 2026, the maximum protective award increased to up to 180 days’ pay for each affected employee. The award is not automatic: the tribunal considers the circumstances and the employer’s failure when deciding the appropriate remedy.

You do not need two years of service to qualify for a protective award. This is distinct from the qualifying-service rules that may apply to an ordinary unfair dismissal claim. Do not assume that a short length of service prevents every redundancy-related claim.

For a current explanation of the rules and remedies, consult Acas redundancy consultation guidance.

Common mistakes to avoid

• Assuming the 20-person threshold removes all consultation rights. Individual consultation may still be necessary when fewer people are affected.
• Waiting until dismissal to raise alternatives. Raise useful information during consultation and keep evidence that you did so.
• Assuming the minimum collective period guarantees fairness. The quality of consultation and consideration of alternatives still matter.
• Confusing collective and individual processes. They have different purposes and can both apply to the same redundancy exercise.
• Ignoring deadlines while negotiating internally. Grievances, appeals and discussions with HR do not necessarily extend tribunal time limits.
• Relying on general online information for a disputed process. The employer’s documents, the proposed numbers, the establishment and the timeline can all affect the legal position.

How a redundancy process review may help

General guidance can explain the consultation rules, but it cannot determine whether your employer has followed them in your particular situation. That may depend on the consultation letters, meeting records, redundancy policy, selection documents, number of proposed dismissals, timing and any available alternative roles.

Frequently asked questions

Important information

This page provides general information about employment rights in Great Britain and is not personalised legal advice. It does not create a solicitor-client relationship. The law and procedure can depend on the facts, the documents, the location and the date of the proposed dismissal. Check current official guidance and obtain advice on your circumstances where necessary.