Redundancy consultation in the UK (2026): process, timelines, and employee rights

“Redundancy consultation” sounds bureaucratic, but it’s your strongest protection. Employers can’t simply dismiss you; they must follow a fair, timed process that gives you real opportunity to question decisions and propose alternatives. Collective redundancies (20+ employees) require 30-45 days’ statutory notice under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); individual consultations must be genuine and timely. If consultation feels rushed or alternatives were ignored, seek advice from an employment solicitor specialising in redundancy claims and tribunal procedure within 2 weeks of dismissal.

Discover what questions matter, your consultation rights, common employer failures, and how tribunal claims work.

What is redundancy consultation in the UK?

Redundancy consultation is a mandatory discussion between you and your employer before dismissal due to business change. It’s governed by TULRCA s.188 (collective) and common law fairness standards (individual).

Your employer must listen genuinely, consider alternatives, and follow statutory timelines. Consultation is not a negotiation, the decision may ultimately be final, but the process itself is legally binding and heavily scrutinized by tribunals.

• Applies to employees with 2+ years’ continuous service (statutory redundancy pay eligibility).
• Employer must explain why you’re selected and genuinely explore alternatives.
• Collective rules apply when 20+ employees are affected within 90 days at one establishment.
• Individual consultations must occur before final dismissal decisions are locked.
• Failure to consult fairly makes dismissals unfair, even if redundancy is genuine.

Individual redundancy consultation: Process & timelines

Individual redundancy consultation applies when your employer proposes 19 or fewer redundancies, or as a supplement to collective consultation for specific roles. There is no statutory minimum duration under the Employment Rights Act 1996, but your employer’s policies or contracts may impose longer periods. The process must be genuine; your employer cannot consult you after they’ve already decided to dismiss you.

• At-risk notification given (often informally, followed by formal written notice).
• First one-to-one meeting held to discuss business case and your individual circumstances.
• You may propose alternatives: redeployment, retraining, phased retirement, restructured role.
• Second meeting typically held to discuss your response and communicate the decision.
• Right to bring a companion (not statutory, but fairness expectations are high, tribunals scrutinise refusal).
• Reasonable time off for job-search is expected (typically 1–2 days weekly, negotiable).
• No requirement to reach agreement, but employer must seriously consider your views.

Collective redundancy consultation: Statutory thresholds & timelines

Collective redundancy consultation is mandatory under TULRCA s.188 when your employer proposes 20 or more redundancies within a 90-day period at a single establishment.

Statutory minimum timelines are strict: 30 days for 20-99 employees, 45 days for 100+. Failure to consult collectively exposes employers to protective awards, currently capped at 90 days’ gross pay, rising to 180 days from 6 April 2026 under the Employment Rights Act 2025.

• 20-99 redundancies: consultation must start at least 30 days before dismissals take effect.
• 100+ redundancies: consultation must start at least 45 days before dismissals take effect.
• Employer must notify trade union reps or elected employee reps in writing (section 188 notice).
• Written information must include: business rationale, numbers affected, selection criteria, pay calculations.
• Consultation must explore ways to avoid or reduce redundancies.
• Staggered dismissals within 90 days count collectively.

Employee rights during redundancy consultation & questions to assert them

Your employer must hold genuine consultation: listening to you, seriously considering your views, and explaining rejections. You have specific legal rights; to ask questions, propose alternatives, bring a companion, access job-search time, and seek legal advice. Silence or dismissive responses signal procedural unfairness.

The questions below enforce those rights.

Challenge the business case:

• Why my role specifically, and why now?
• Who approved this, and what’s the documented business case?
• Is this genuine redundancy, or disguised dismissal for another reason?
• Have you explored alternatives (recruitment freeze, voluntary exit, delayed hiring)?

Demand fair selection:

• What objective criteria were applied to select me?
• Was the selection pool fair; did it include all similar roles?
• Were the same criteria applied consistently across all selected staff?
• Can you provide my scoring matrix showing how I ranked against colleagues?

Explore alternatives before dismissal:

• Are other suitable roles available? (Trial periods up to 4 weeks apply if yes)
• Could my hours be reduced or role restructured?
• Would you consider voluntary redundancy, phased retirement, or unpaid leave?
• What retraining or support exists if alternatives are available?

Understand Your Pay & Notice:

• Does consultation time count toward notice, or run separately?
• How is redundancy pay calculated; statutory only or enhanced?
• What notice period applies to me (1-12 weeks depending on service)?
• Am I entitled to contractual severance, bonuses, or benefits continuation?

Assert your rights effectively:

Email questions before meetings to preserve evidence and ensure meaningful consultation. If your employer avoids written answers or rushes you, send follow-up emails requesting documented responses. This creates an evidence trail tribunals scrutinise. Refusal to answer or evasive responses demonstrate failure to consult genuinely.

Employer duties & common mistakes during consultation

Employers must hold consultation while decisions are still formative, listen genuinely, seriously consider employee views, and follow statutory timelines. ACAS and case law establish that “genuine and meaningful” consultation requires active engagement, not rubber-stamping. Common procedural failures make dismissals unfair even if redundancy itself is real.

Common procedural failures:

• Offering no genuine consideration to employee alternatives.
• Refusing reasonable time off for job-search without justification.
• Starting collective consultation fewer than 30/45 days before dismissals.
• Applying selection criteria inconsistently or using hidden selection pools.
• Consulting individually but omitting mandatory collective consultation when 20+ affected.
• Counting staggered dismissals as separate to artificially avoid collective consultation duties.
• Making final dismissal decisions before consultation starts (consultation seen as tick-box, not formative).
• Failing to respond to employee questions or providing formulaic rejections without substantive reasoning.

Red flags for procedurally unfair consultation:

• Selection criteria withheld or applied inconsistently across similar roles.
• Single rushed meeting (under 1 hour) followed by dismissal within days.
• Dismissal issued before statutory/contractual consultation periods expire.
• Employer refuses to disclose business case documents or board approvals.
• Alternatives mentioned briefly but dismissed summarily without genuine exploration.
• Collective consultation conducted only with union/employee reps, not individual meetings too.
• No documented response to your suggestions, or responses that ignore your specific circumstances.

Redundancy consultation failure: Legal consequences & protective awards

Consultation failures trigger tribunal claims. Individual breaches result in unfair dismissal awards; collective breaches attract protective awards. From 6 April 2026, maximum protective awards double from 90 to 180 days’ gross pay per employee under the Employment Rights Act 2025.

Tribunal claims you can make:

• Wrongful dismissal: Notice pay or contractual severance withheld.
• Unfair dismissal: Dismissed without fair individual consultation or proper notice.
• Discrimination: Selection based on age, gender, disability, religion, or protected status.
• Collective consultation breach (TULRCA s.188): 20+ redundancies without statutory notice.

Protective awards (Collective breach – TULRCA s.189):

• Until 5 April 2026: Up to 90 days’ gross pay per affected employee.
• From 6 April 2026: Up to 180 days’ gross pay per affected employee.
• Applied even if redundancy was justified but consultation failed.
• Union/employee reps can claim on your behalf.

Unfair dismissal awards (Individual breach – ERA 1996 s.98):

• Compensatory award: Back pay, lost benefits, pension loss. Capped at £115,625 (April 2025).
• Basic award: 0.5-1.5 weeks’ pay per year of service. Capped at £16,320 (April 2025).
• Reinstatement: Rare; tribunal may order your job back if dismissal wholly unfair.
• Deductions: Awards reduced for your own misconduct or failure to mitigate losses.

FAQs

What questions should I ask at redundancy consultation? Ask about: business case (board approval, market alternatives), your selection (criteria, pool fairness, scoring), alternatives (redeployment, restructure, phased exit), and pay (statutory vs. contractual). Email questions before meetings and request written responses. Tribunals value evidence of your engagement and employer silence on substantive questions.

How long is the redundancy consultation period? Collective (20-99): minimum 30 days from formal notice. Collective (100+): minimum 45 days. Individual: no statutory minimum, but “reasonable time” (typically 2–4 weeks). Statutory minimums are floors, consultation can run longer. Clock starts on formal written notice, not informal “at risk” warnings.

Do I have to work during redundancy consultation period? Yes, you remain employed on normal terms and salary unless placed on paid leave. You have a right to reasonable time off for job-search (typically 1-2 days weekly). Refusing to work is grounds for misconduct dismissal, even if redundancy is genuine. Discuss flexible working or temporary remote arrangements early.

Employers often rush redundancy consultation to cut costs. Don’t let them. You have legal rights to challenge decisions, propose alternatives, and demand transparency. From 6 April 2026, consultation failures trigger awards up to 180 days’ gross pay. If your employer is skipping steps or ignoring your proposals, get solicitor advice within weeks; your 3-month tribunal deadline waits for no one.

This guidance is general legal information for employees in England & Wales, not personal legal advice; consult a regulated solicitor for your specific circumstances.

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Qredible connects you with verified employment law solicitors who specialise in redundancy claims and unfair dismissal. They review your consultation against statutory requirements, identify procedural risks before tribunal deadlines, and ensure any settlement offer reflects your actual losses.

KEY TAKEAWAYS:

• Statutory timelines are non-negotiable: 30-45 days collective, genuine timing individual; enforce them under TULRCA s.188 or face unfair dismissal.
• Assert your rights actively: Ask questions. Demand written answers. Propose alternatives. Seek legal advice. Employers must seriously consider your views; silence is a breach.
• Early legal action pays off: Collective breaches cost employers 180 days’ gross pay (from April 2026); individual claims average £13,500+. Review within 2 weeks protects your evidence and claim window.