Collective redundancy in the UK (2026): Rules, consultation, and compensation

Dismiss 20+ employees within 90 days without consultation, and you’re facing protective awards now doubling to 180 days’ gross pay per person from April 2026. Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), s.188, collective redundancy consultation is mandatory. This guide explains what triggers the duty, how long you must consult, what employers must disclose, and what happens when consultation fails. Consult a specialist employment solicitor to avoid procedural breach and tribunal liability.

Continue reading for thresholds, timelines, and claim procedures.

What triggers collective redundancy consultation under TULRCA?

Collective redundancy consultation is mandatory when an employer proposes to dismiss 20 or more employees within any 90-day rolling period at a single establishment under Section 188, TULRCA 1992. This threshold is absolute; no discretion applies once breached.

• The 90-day window is rolling; dismissals need not cluster; if 15 employees are dismissed in Week 1 and 10 in Week 8, both fall within the 90-day threshold.
• An “establishment” is typically one workplace; integrated multi-site operations may be aggregated if operationally interconnected.
• Part-time, fixed-term, and full-time employees count equally toward the 20-employee threshold; agency workers do not count unless they have employee contracts.
• Proposed dismissals count even if conditional or later reversed; “envisaged” redundancies trigger the duty before final decisions are made.

Minimum consultation periods and RPS notification under Section 188

Consultation must begin at least 30 days before the first dismissal (for 20-99 employees) or 45 days (for 100+ employees), with mandatory notification to the Redundancy Payments Service (RPS) before consultation starts under Section 193, TULRCA 1992. Breaching either deadline is a material procedural breach.

• 20–99 employees: Notify RPS at least 30 days before first dismissal using Form HR1; consultation must run for a minimum of 30 days before any dismissal notices are issued.
• 100+ employees: Notify RPS at least 45 days before first dismissal using Form HR1; consultation must run for minimum 45 days before any termination notices take effect .
• Notification is via Form HR1 (online submission via UK portal); failure to notify triggers criminal liability and potentially unlimited fines.
• Consultation periods are calendar days; bank holidays, annual leave, and weekends do not extend the deadline.
• The employer may continue consulting beyond the minimum period if representatives request further discussion; early dismissal after the minimum period is breached if representatives signal continuing interest.

Employer duties during collective consultation: Disclosure and substantive engagement

Employers must provide written information to representatives and consult “with a view to reaching agreement” by genuinely considering proposals for avoiding or reducing redundancies under Section 188(2)-(4), TULRCA 1992.

• Written disclosure must include: redundancy reasons, affected employee numbers and job descriptions, selection methods, redundancy terms, and mitigation measures; timing is critical; disclose before or at the start of consultation, not mid-process.
• If no union or representatives exist, the employer must invite employees to elect representatives; proceeding without elections breaches the duty.
• The employer must consider and respond substantively to representative proposals (e.g. pay cuts, reduced hours, redeployment); silent dismissal is a breach.
• Consultation meetings must occur with reasonable frequency if representatives request further discussion; one meeting is insufficient if concerns remain.
• The employer must actively propose alternative roles and redeployment if available; passive acceptance without exploring retention is a procedural gap.
• Dismissal notices must not be issued before the minimum consultation period expires, even if the employee has agreed or signed a settlement agreement.

Employee rights during collective consultation under TULRCA

Employees have statutory rights to union representation, information disclosure, and protection against dismissal during the consultation period under Section 188, TULRCA 1992.

• Employees have the right to union or elected representative representation; if no union exists, the employer must facilitate employee elections within reasonable time.
• Employees must receive written information on redundancy reasons, selection criteria, redundancy terms, and alternative employment opportunities; this must be disclosed before or at consultation start.
• Employees (via representatives) can propose and discuss alternatives to redundancy (pay cuts, reduced hours, redeployment, extended notice); employers must consider proposals substantively and explain rejections.
• Employees are protected against detriment and may have unfair dismissal or victimisation claims if selected or dismissed for raising concerns, participating in consultation, or standing in representative elections under the Employment Rights Act 1996.
• Employees can challenge selection methodology during consultation and propose alternative selection criteria (last-in-first-out, voluntary, skills-based); representatives can request clarification on how selections will be made.
• If the employer fails to hold elections for representatives, individual employees retain the right to lodge a protective award claim at tribunal within three months of first dismissal.

Protective awards: Claiming after consultation breach and tribunal procedures

Affected employees or recognised unions can lodge protective award claims at an employment tribunal within three months of the first dismissal under Section 189, TULRCA 1992; the three-month deadline is firm. Late claims are generally barred.

• Who can claim: Individual employees dismissed in the collective period or the recognised union on their behalf; unions need not await individual claimant instructions.
• Deadline: Three months from the date of first dismissal in the collective period (not the last); this is a statutory time limit enforced strictly by tribunals.
• Burden of proof: Once the claimant establishes the threshold (20+ dismissals in 90 days), the burden generally shifts to the employer to prove consultation compliance; the employer must present evidence of consultation occurring.
• Evidence required: Gather dismissal notices, consultation meeting minutes, written information provided, union correspondence, HR1 notification confirmation, and exact dismissal dates; audio or video recordings of meetings strengthen claims.
• Tribunal determination: The tribunal examines breach substance, not form; technical compliance with notice dates combined with zero actual engagement is a breach. The tribunal fixes the award within the statutory cap based on breach severity.
• Recovery: The tribunal orders the employer to pay the award to claimants; enforcement is via court judgment if unpaid.

FAQs

Can an employer avoid collective consultation by offering voluntary redundancy? No. Voluntary redundancies are still “proposed dismissals” under s.188, TULRCA 1992. If 20+ employees accept voluntary terms within 90 days, collective consultation applies to all dismissals in that period.

Does the protective award go away if redundancy was economically justified? No. The award is a procedural remedy for breach of consultation, entirely separate from whether redundancy was justified. Even genuine business necessity does not cure procedural breach.

What if consultation occurred but the employer provided no written information? This is a material breach of s.188(4). Written disclosure of specified information is a statutory requirement; oral consultation alone does not satisfy the duty.

Can an employer reduce the protective award by paying enhanced redundancy? Enhanced redundancy generally reduces the award by offset but does not eliminate breach liability. However, tribunals may dispute full pound-for-pound offset depending on the character of the payment already made.

Collective redundancy consultation under TULRCA ss.188-198 is mandatory for 20+ dismissals within 90 days at one establishment. Minimum 30-45 day consultation periods, written information disclosure, and RPS notification are non-discretionary. Breach attracts protective awards currently capped at 90 days’ pay per employee, scheduled to increase to 180 days from 6 April 2026 under the Employment Rights Act 2025, subject to commencement regulations. Affected employees can claim within three months of first dismissal via employment tribunal.

This article is general guidance only and does not constitute legal advice for your specific circumstances.

Verify your collective redundancy position!

Protect your position, whether you’re claiming post-dismissal or defending breach allegations, by connecting with a verified specialist employment solicitor through Qredible.

KEY TAKEAWAYS:

• Collective consultation under TULRCA s.188 is mandatory for 20+ dismissals within 90 days at one establishment. Breach triggers protective awards capped at 90 days’ gross pay per employee (rising to 180 days from 6 April 2026 under ERA 2025), regardless of redundancy business justification.
• Consultation must run minimum 30 days (20–99 employees) or 45 days (100+ employees) before first dismissal, with written information disclosure to representatives and RPS Form HR1 notification; breaching either procedural step incurs tribunal liability.
• Affected employees can claim protective awards within three months of the first dismissal at employment tribunal; tribunals assess breach severity and generally offset awards by redundancy payments already received, with strong consultation-gap evidence improving claim prospects.