Being told your role is at risk of redundancy is unsettling, but the way your employer handles the process is not left to chance. UK law requires a genuine consultation before anyone is dismissed for redundancy, and that consultation is meant to be a real conversation, not a box-ticking exercise announced after the decision has already been made. Understanding how redundancy consultation is supposed to work — and what your rights are within it — can help you challenge an unfair process, protect your pay, and give yourself the best chance of holding on to a job or negotiating a fair exit. This guide explains what a proper process looks like.
Redundancy Consultation in the UK: What a Fair Process Looks Like
What Redundancy Consultation Is and Why It Matters
Redundancy consultation is the period during which your employer discusses proposed job losses with the affected staff before any final decisions are taken. The key word is “before”. Consultation only counts if it happens while the outcome is still open — while there is genuinely something to talk about and a real possibility that your input could change what happens. If an employer has already decided who is going and simply informs you afterwards, that is not consultation at all, and a dismissal that follows can be challenged as unfair.
Consultation matters because redundancy is one of the few potentially fair reasons an employer can use to dismiss someone. But “potentially fair” is not the same as automatically fair. For a redundancy dismissal to stand up, the employer generally has to show there was a genuine redundancy situation, that they used a fair and objective process to decide who was selected, and that they consulted properly along the way. Skip the consultation and the whole dismissal can unravel, even where the business genuinely needed to cut costs.
A redundancy situation usually arises when a workplace closes, a particular site shuts, or the need for employees to do work of a certain kind reduces or disappears. If the “redundancy” is really about performance or conduct, it is not a true redundancy, and different rules apply. In that case it is worth reading about unfair dismissal to understand where you stand.
Individual vs Collective Consultation and the Thresholds
There are two levels of consultation, and which one applies depends on how many redundancies are proposed at one location. Individual consultation applies to smaller-scale redundancies. There is no fixed legal minimum number of meetings, but the employer must still consult you personally, meaningfully and over a reasonable period before confirming your dismissal.
Collective consultation is triggered when an employer proposes to make a larger number of redundancies at one establishment within a short window. The commonly cited threshold is 20 or more redundancies at one establishment within a 90-day period. Where this applies, the employer must consult with appropriate representatives — typically a recognised trade union or elected employee representatives — as well as with affected individuals.
Collective consultation also carries minimum time periods that must pass before the first dismissal can take effect. The widely quoted figures are at least 30 days where 20 to 99 redundancies are proposed, and at least 45 days where 100 or more are proposed. These periods and thresholds are set by law and can change, so always confirm the current figure on GOV.UK or Acas before relying on it. The employer must also notify the government (via the Redundancy Payments Service) in advance when collective consultation is required.
Whichever level applies, consultation should cover the same ground: why the redundancies are proposed, how many roles and which ones, how people will be selected, and what steps might avoid or reduce the job losses.
What Meaningful Consultation Must Cover
For consultation to be genuine rather than a sham, it has to be about substance. A fair process should explore several things with an open mind. First, the employer should explain ways to avoid or reduce redundancies — for example freezing recruitment, reducing overtime, offering voluntary redundancy, short-time working, or redeployment — and be willing to consider suggestions you raise.
Second, the employer must define the selection pool: the group of employees from which redundancies will be drawn. The pool should be chosen sensibly and not gerrymandered to target particular individuals. Third, they must apply fair, objective selection criteria. Good criteria are measurable and evidence-based — things like skills, qualifications, disciplinary records or attendance (excluding absences that must not be counted, such as certain pregnancy-related or disability-related absence). Criteria that are vague, subjective or that penalise you for protected characteristics can make the whole exercise unlawful.
Fourth, the employer must consider suitable alternative employment. If there is another vacancy you could reasonably do, they should tell you about it and give you a fair chance to be considered, sometimes with a trial period. Failing to offer an obvious alternative role is a common weakness in redundancy processes. Throughout, you are entitled to be given enough information to respond properly, to have your points genuinely considered, and to receive a response before the decision is finalised.
Your Rights During Consultation
You keep a set of important rights throughout the process. You are entitled to a proper notice period when your dismissal is confirmed, based on your length of service and contract — it is worth checking how your notice period is calculated so you know what you are owed. If you have at least two years’ continuous service, you are usually entitled to statutory redundancy pay, and you can read more about how that is worked out in our guide to redundancy pay.
You generally have the right to be consulted individually, to ask questions, and to appeal against your selection where the employer offers an appeal (and a fair process usually should). If collective consultation was legally required but the employer failed to do it properly, affected employees may be able to claim a protective award at an employment tribunal — compensation of up to a set number of weeks’ pay per employee. The exact maximum is set by law, so confirm the current figure on GOV.UK or Acas.
Sometimes an employer will offer a settlement agreement instead of, or alongside, redundancy — a legally binding deal where you accept a payment in return for waiving your right to bring claims. Never sign one without taking the independent legal advice the law requires, because it typically closes off your ability to challenge the dismissal later.
What to Do if the Consultation Is a Sham
If it becomes clear the decision was made before consultation began, if you are given no real information, if the selection criteria look rigged, or if obvious alternative roles are ignored, the process may be unfair. Start by putting your concerns in writing, calmly and factually, and ask specific questions: what is the pool, what are the scores, what alternatives were considered? Keep copies of everything, including meeting invitations, scoring sheets and any emails.
If the answers do not satisfy you, raise a formal grievance or use any internal appeal. Acas offers free, impartial guidance and an early conciliation service, which you must normally begin before bringing a tribunal claim. Time limits are strict — usually three months less one day from the dismissal — so do not wait until the last minute. Depending on the facts, you might have a claim for unfair dismissal, for failure to consult collectively, or, if the selection was linked to a protected characteristic, for discrimination. Because outcomes turn on the precise details of your case, it is wise to take specific advice from Acas, a union or a solicitor rather than relying on general information alone.
Frequently Asked Questions
How long does redundancy consultation have to last?
For individual redundancies there is no fixed minimum, but consultation must be genuine and take place over a reasonable period before any decision is confirmed. For collective redundancies of 20 or more at one establishment within 90 days, minimum periods apply — commonly cited as at least 30 days for 20 to 99 redundancies and at least 45 days for 100 or more. Confirm the current figures on GOV.UK or Acas.
What makes consultation “meaningful” rather than a formality?
Meaningful consultation happens while the outcome is still open. The employer should explain the reasons, consider ways to avoid or reduce redundancies, share the selection pool and criteria, discuss suitable alternative roles, genuinely consider your suggestions, and respond before finalising the decision. A process where the decision was clearly made in advance is not meaningful.
Can I be selected for redundancy using any criteria the employer likes?
No. Selection criteria should be objective, measurable and applied fairly — for example skills, qualifications or disciplinary records. Vague or subjective criteria, or criteria that penalise you for a protected characteristic such as pregnancy or disability, can make the redundancy unfair or discriminatory and give you grounds to challenge it.
What is a protective award?
A protective award is compensation an employment tribunal can order where an employer was legally required to carry out collective consultation but failed to do so properly. It can be up to a set number of weeks’ pay per affected employee. The exact maximum is set by law, so check the current figure on GOV.UK or Acas.
What should I do if I think my redundancy consultation was a sham?
Put your concerns in writing, ask specific questions about the pool, scores and alternatives, and keep copies of everything. Use any internal appeal or grievance, and contact Acas for free guidance and early conciliation. If it is not resolved, you may bring a tribunal claim, but you must usually act within three months less one day of the dismissal, so do not delay.
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