UK redundancy consultation is a legal requirement — its extent depends on how many redundancies are proposed. Individual consultation is required for any redundancy, focusing on selection, alternatives + statutory redundancy pay. Collective consultation kicks in when 20+ redundancies are proposed at one establishment within 90 days: 30 days minimum for 20-99 redundancies, 45 days for 100+. Failure to consult properly can lead to protective awards up to 90 days pay per employee. This guide covers individual + collective consultation, HR1 filing + protective award risks.
Verified against 2 official sources · Last reviewed 14 June 2026
Required for all redundancies. Must be:
- Meaningful — real chance to influence decision
- Timely — before decision finalised
- Informed — employer shares selection criteria + business rationale
Content:
- Business reason for redundancy
- Selection pool + criteria
- Application of criteria to employee
- Alternatives (redeployment, reduced hours, voluntary redundancy)
- Statutory redundancy pay + notice
- Right of appeal
Collective consultation triggers
20-99 redundancies at one establishment within 90 days:
- Minimum 30 days consultation
- Consult with recognised trade union or elected employee representatives
100+ redundancies at one establishment within 90 days:
- Minimum 45 days consultation
- Same rep requirement
HR1 form
Employer must notify Redundancy Payments Service (RPS):
- 30 days before first dismissal (20-99 redundancies)
- 45 days before first dismissal (100+ redundancies)
Failure = criminal offence + up to £5,000 fine per instance.
Tribunal can award up to 90 days' pay per employee for failure to consult collectively. Capped at week's pay maximum.
Individual + collective together
Collective consultation doesn't replace individual — both required. Collective focuses on group approach; individual on specific selection + alternatives.
Common consultation failures
Rushed process
Selection decided before consultation
Predetermined outcome
Excluding elected reps
Missing HR1 filing
In short
Individual consultation required for all redundancies. Collective 30/45 days for 20+/100+ at one site. HR1 to RPS. Protective award risk up to 90 days' pay.
Frequently asked questions
What's the difference between individual + collective consultation?
Individual: with each affected employee about selection + alternatives. Collective: with union/reps when 20+ redundancies about avoiding + reducing dismissals.
How long must collective consultation last?
Minimum 30 days for 20-99 redundancies. Minimum 45 days for 100+ redundancies.
What if my employer doesn't consult?
Protective award up to 90 days' pay per employee. Employment tribunal claim within 3 months.
Do I have to accept redeployment offer?
You can decline but statutory redundancy pay may be affected if unreasonable refusal. Suitable alternative refused unreasonably = no SRP.
Can consultation be skipped in emergencies?
Very limited exceptions for insolvency + sudden closure. Even then, some consultation expected. Courts scrutinise 'special circumstances' claim strictly.
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More on related topics
Constructive dismissal — Constructive dismissal = resign due to employer's fundamental breach. Must resign promptly. Same claim as unfair dismissal.
Notice periods — UK notice = greater of statutory (1 week + 1/year up to 12) or contractual. PILON + garden leave options.
Unfair dismissal — Unfair dismissal claim = 2 years service (ordinary) or day 1 (automatic). ACAS → tribunal within 3 months.
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Last reviewed: 14 June 2026.
Next review due 14 December 2026.
Disclaimer: This page provides general information based on published HMRC and gov.scot figures. It is not personal tax or financial advice. For your specific situation, please consult a qualified accountant or contact HMRC directly.