Redundancy consultation: your rights and what to expect

What is a redundancy consultation?

A redundancy consultation is the process an employer must follow before making a role redundant, sharing the reasons, the selection criteria and considering alternatives with the affected employee. It must be genuine, meaning proposals are still open to change, not a formality before a decision already made. It applies whether one person or hundreds are at risk.

To count as meaningful, consultation should happen while the proposals are still at a formative stage, give you enough information to respond properly, allow you adequate time to consider it, and show that your employer genuinely considered what you said before deciding. This applies equally to collective consultation, which runs with a recognised trade union or elected employee representatives when a larger number of roles are at risk, and individual consultation, which is the one-to-one conversation with you about your own position, including selection and any alternative roles. See gov.uk on redundancy: your rights and ACAS on managing staff redundancies for the full framework.

How long is the redundancy consultation period?

There is no fixed minimum if fewer than 20 redundancies are proposed, but it must still be meaningful. Collective consultation rules apply from 20 or more redundancies at one establishment within 90 days: at least 30 days before any dismissal for 20 to 99 roles, and at least 45 days for 100 or more.

These statutory minimums come from section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. They are the earliest a first dismissal can take effect, not a target: consultation can, and often should, run longer where there is genuinely more to discuss.

Source: gov.uk, redundancy: your rights.

What happens in a redundancy consultation meeting?

Your employer explains why redundancies are proposed, how roles were selected for the pool, and the criteria used to score you. You can challenge the reasoning, suggest alternatives such as redeployment, and ask about suitable alternative employment. There is usually more than one meeting before a final decision.

A typical process runs across two or three meetings: an initial meeting setting out the proposal and the pool for selection, a follow-up to discuss your individual scoring and any questions you raised, and a final meeting confirming the outcome. Throughout, your employer should be looking at whether the redundancy can be avoided or reduced, for example through redeployment, retraining or a suitable alternative role, before confirming a dismissal.

Is there a minimum consultation period for one person?

No. The 30 and 45-day statutory minimums in section 188 TULRCA 1992 only apply once 20 or more redundancies are proposed at one establishment within 90 days; there is no fixed minimum number of days for a single redundancy. Consultation with one person must still be genuine and meaningful, carried out while the decision is still open, giving you proper information and a real chance to respond before anything is finalised.

What is HR1 and does my employer have to notify anyone?

HR1 is the form an employer must send to the Secretary of State (via the Insolvency Service's Redundancy Payments Service) when proposing 20 or more redundancies at one establishment, before consultation begins. It is a notification obligation owed to the state, separate from and in addition to consulting with affected employees or their representatives; failing to notify HR1 where required is a criminal offence for the employer, though it does not itself give you a personal claim.

What are fair redundancy selection criteria?

Fair selection criteria are objective and measurable, such as length of service, relevant skills and qualifications, attendance and performance records, and disciplinary history, applied consistently across everyone in the selection pool. Criteria must never be, or amount to, discrimination on grounds like age, sex, pregnancy, disability or race. Ask to see your own scoring during consultation; unexplained or inconsistently applied criteria are one of the most common grounds for challenging a redundancy dismissal as unfair.

Do I have to attend, and do I keep working and getting paid?

You should normally attend, since it is your opportunity to influence the outcome, though you can bring a colleague or union representative to some meetings. You continue working and being paid as usual throughout consultation unless your employer puts you on garden leave or pays you in lieu of notice.

Skipping meetings without good reason weakens your ability to challenge the selection criteria or put forward alternatives later, so it is generally worth engaging even if the process feels one-sided. Your pay, benefits and normal duties are unaffected by the consultation itself: only a formal decision to place you on garden leave, or an agreed early finish with pay in lieu of notice, changes that.

What if my employer does not consult properly?

A redundancy dismissal can be found unfair if consultation was not genuine or meaningful, even if the redundancy itself was real. Where collective consultation rules were breached, an employment tribunal can award a protective award of up to 90 days' gross pay per affected employee, on top of any unfair dismissal award.

Common problems worth flagging include being told the decision is already final, not being given the scoring behind your selection, not being told about suitable alternative vacancies, or collective consultation starting too close to the dismissal dates. If your redundancy is being resolved through a settlement agreement, a poor consultation process is often a point of leverage worth raising before you sign.

Redundancy consultation: frequently asked questions