Redundancy Consultation [Employee Guide]

Redundancy Consultation – Everything You Need To Know

In the UK, your employer must consult with you as an employee before making you redundant. If they fail to follow the rules, you may have grounds to challenge the process or claim compensation for unfair dismissal.

This guide covers everything from the basic definition of a redundancy consultation to the differences between individual and collective consultations. You’ll also learn how long consultations should last, the steps involved in the process, and what to do if your employer doesn’t follow the legal requirements.

What is a redundancy consultation?

A redundancy consultation is a legal requirement before redundancies are confirmed. It’s not simply your employer telling you that you’re being made redundant. Instead, your employer must engage with you before making final redundancy decisions. 

This means the consultation must take place at a formative stage, while proposals are still open to influence, not when redundancies have been confirmed or when dismissal notices are issued.

A redundancy consultation gives employees or their representatives a real opportunity to:

• Understand the reasons behind the proposed redundancies
• Ask questions and raise concerns
• Suggest alternatives to dismissal, such as redeployment or reduced hours

The difference between an individual and collective redundancy consultation

There are two types of redundancy consultation: 

• Individual consultation: A personal meeting (or series of meetings) between you and your employer. This happens in all redundancy situations, regardless of how many roles are affected.
• Collective consultation: If your employer proposes 20 or more redundancies within a 90-day period at one location, they must also consult with trade unions or elected employee representatives.

Even in collective redundancy situations, you will still have individual meetings as well.

How long is the redundancy consultation period?

The length of the consultation depends on how many redundancies are planned. You cannot be dismissed until these minimum consultation periods have expired.

Individual redundancy consultation (fewer than 20)

If your employer plans to make fewer than 20 people redundant, there is no set legal minimum consultation period. However, the law says the process must be fair and meaningful, giving you time to ask questions and suggest alternatives. In most cases, this means at least one to two weeks, and often longer if the situation is complicated or involves several employees.

Collective redundancy consultation

If 20 or more redundancies are proposed at the same workplace within a 90-day period, your employer must also carry out collective consultation. This happens alongside your individual meetings and involves trade unions (where applicable) or elected employee representatives.

• 30 days redundancy consultation: Where 20 to 99 redundancies are planned within 90 days at one site, the law says there must be a minimum of 30 days’ consultation before any dismissals can take effect.
• 45 day redundancy consultation: If 100 or more redundancies are proposed within 90 days at a single workplace, the consultation period must last at least 45 days before the first dismissal happens.

The redundancy consultation process

Redundancy consultation is a structured process your employer must follow to make sure the procedure is fair and lawful. Here’s how it works:

1. The consultation process

To make sure your rights are protected, make sure you understand the type of redundancy situation that applies – individual or collective – as this determines how the process will run and how long it will last.

2. Advice and support

You have the right to seek advice during consultation. This could include getting legal advice from an employment solicitor, especially if you’re unsure about your rights or the fairness of the process.

If collective consultation applies, your employer must consult with a recognised trade union, where one exists, or elected employee representatives. If they need to hold elections, they must allow sufficient time for the process to take place before the consultation period begins. Employers must also take all reasonably practicable steps to ensure fair elections.

3. Plan and prepare

Your employer should be properly prepared for the consultation and should provide you with a copy of the following information: 

• The reasons why redundancies are being considered
• The selection pools and criteria, which should be objective and non-discriminatory
• A provisional timetable
• Any alternatives the employer has considered, such as redeployment, reduced hours, or voluntary redundancies.

For collective consultations, they must also provide the representatives with:

• The number and description of employees affected
• The total number of employees at the establishment
• A copy of the HR1 form (this is a form that your employer must submit to the Secretary of State where a collective redundancy is proposed)
• The minimum consultation period. 

4. Redundancy consultation meetings

You’ll have at least one individual consultation meeting, and often more. These meetings are your chance to:

• Ask questions about the process
• Suggest alternatives to redundancy
• Raise concerns or challenge decisions

If you’re in a collective process, multiple meetings will take place with representatives alongside your individual discussions to allow for ongoing dialogue and negotiation. Your employer should keep notes of what’s said – and so should you.

5. Employer feedback

Consultation must be meaningful, which means your employer should:

• Listen to your suggestions and those of your representatives
• Explore whether redundancies can be avoided or reduced
• Explain why they accept or reject ideas.

If this does not happen and the process feels rushed or predetermined, you may have grounds to challenge it as unfair.

What happens if your employer doesn’t follow a proper consultation process?

Failing to carry out a fair and lawful consultation is a serious breach of UK employment law. If this happens, you may have legal rights to challenge the process. Possible outcomes include:

• Unfair dismissal claims: If the consultation wasn’t meaningful or your employer didn’t follow the correct steps, you could claim unfair dismissal, whether it’s an individual or collective redundancy.
• Discrimination claims: If the selection criteria used were discriminatory or had an indirect discriminatory effect (for example, disadvantaging women, older workers, or those with disabilities), you may bring a discrimination claim. Compensation for discrimination is unlimited.
• Protective award in collective cases: If your employer fails to follow collective consultation rules, you may be entitled to an award of up to 90 days’ pay.

In some cases, your employer may offer a settlement agreement, which is a legally binding document where you agree to waive your right to bring claims (such as unfair dismissal) in return for compensation. You should always get independent legal advice before signing.

Redundancy consultation checklist

Use this checklist to make sure you understand your rights and take the right steps during the redundancy consultation process:

Before consultation begins

• Read any letters or emails from your employer carefully
• Confirm what type of consultation applies (individual or collective)
• Find out what you can (e.g. why redundancies are being considered, what roles are at risk, the selection criteria, the proposed timetable for consultation and decisions) 
• Think about alternatives you can suggest (e.g. redeployment, reduced hours, voluntary redundancy)
• Start keeping written records of all communications.

If collective redundancies apply

• Find out who your representatives are (union or elected employees)
• If elections are happening, take part in the process or consider standing as a representative
• Make sure you receive the required written information from your employer, including the number of roles affected and the selection criteria
• Keep copies of any updates and notices provided during the process

During consultation

• Attend all individual consultation meetings (or request alternatives if needed)
• Ask questions about the reasons, criteria, and redundancy pay
• Suggest alternatives to redundancy and make sure they’re noted
• Take notes or ask for a written summary of meetings
• Allow time for proper discussion and request additional meetings if needed
• Keep track of responses from your employer, especially if suggestions are rejected
• If offered a settlement agreement, seek independent legal advice before signing
• Continue to keep written records.

After consultation ends

• Check the final decision letter carefully and make sure it matches what was discussed
• Confirm your notice period and redundancy pay (both statutory and any contractual entitlements)
• Ask about redeployment opportunities or support for finding another role
• If you believe the process was unfair, seek advice promptly
• Keep all documents, letters, and notes in case you need to challenge the process later.

Redundancy consultation FAQs

Below are answers to some of the most common questions employees ask about the redundancy consultation process.

Contact GTE Settlement Agreement Solicitors today

Facing redundancy can be stressful and confusing, but with a positive mindset, it can offer you a chance to move on in your career. If you reach a point where a settlement agreement is offered and you’re happy with the terms, than contact our team at GTE Settlement Agreements. We’ve supported 1000’s of employees across the country including London, Manchester, and the Home Counties with:

• Same-day settlement agreement advice and sign-off
• A calm, reassuring and straightforward process
• Free service as your employer covers our legal fees)
• Reassurance that your agreement is fair and legally sound

Call today for your free consultation on 020 7247 7190 or complete the simply enquiry form on this page.