Redundancy Consultation Period Rules: 20, 45 and 90 Days Explained 2026/27
How long redundancy consultation must last in the UK — the difference between individual, collective 20-99 and 100+ redundancy consultation periods, and what happens if an employer gets it wrong.
Why consultation length depends on numbers
UK law sets minimum consultation periods for collective redundancies — situations where an employer proposes to dismiss a certain number of employees as redundant at one establishment within a 90-day period. The length of the required consultation period scales with the number of proposed redundancies, on the basis that larger-scale redundancies need more time to properly explore alternatives, consult representatives, and allow for meaningful negotiation.
The three tiers
| Proposed redundancies (at one establishment, within 90 days) | Minimum consultation period before first dismissal |
|---|---|
| Fewer than 20 | No fixed statutory minimum — but must still be genuine and fair |
| 20 to 99 | At least 30 days |
| 100 or more | At least 45 days |
These periods run from the start of consultation to the date the first dismissal takes effect — not to when consultation ends, and not to when notice is given. This means the whole process of consulting, considering alternatives, and reaching final decisions must fit within (or before) that window.
What "establishment" means
The collective consultation thresholds are usually assessed at the level of the establishment proposing the redundancies — broadly, a distinct workplace or business unit — rather than the employer's total headcount across the whole organisation. A company with five separate branches each proposing 15 redundancies might therefore fall under the individual consultation regime at each branch, rather than automatically triggering the 100-plus threshold across the company as a whole, though this depends heavily on the specific facts and relevant case law, and employers should take care not to artificially split what is really one redundancy exercise.
Who must be consulted
Once the collective consultation threshold is triggered, the employer must consult with:
- Recognised trade union representatives, if a union is recognised for the affected employee group; or
- Elected employee representatives, specifically elected for this purpose if there is no recognised union.
This is in addition to, not instead of, individual consultation with each affected employee about their own specific situation — good practice (and often a requirement for a fair individual dismissal) is to combine both collective consultation on the wider process and individual meetings covering personal circumstances, selection criteria, and alternative roles.
What consultation must actually cover
Genuine consultation is not simply informing staff that redundancies will happen — the law requires consultation on ways of:
- Avoiding the proposed dismissals altogether.
- Reducing the number of employees to be dismissed.
- Mitigating the consequences of the dismissals (for example, through redeployment, retraining, or extended notice).
Consultation carried out as a formality, with the decision already effectively made and no real prospect of change, risks being found not to be "meaningful," which can render the process — and any resulting dismissals — unfair, even where the employer did technically hold meetings within the required timeframe.
What happens if an employer gets it wrong
If an employer fails to consult properly (either individually or, where required, collectively), affected employees or their representatives can bring a claim to an employment tribunal:
- For a failure of collective consultation, a protective award can be ordered — up to 90 days' gross pay per affected employee — separate from any redundancy pay, notice pay, or unfair dismissal compensation.
- Individual dismissals carried out without adequate individual consultation can separately be found unfair, even where the underlying reason (redundancy) was genuine, because the process itself was not fair.
These awards can apply cumulatively, meaning a poorly handled large-scale redundancy exercise can expose an employer to significant additional cost well beyond the statutory redundancy payments themselves.
Practical tips for employees facing redundancy
- Check whether your redundancy is part of a wider exercise that might trigger the 20-plus or 100-plus collective thresholds, even if you are only told about your own individual situation.
- Ask whether employee representatives have been elected or a union is involved, and whether collective consultation meetings are taking place.
- Keep a record of consultation meeting dates and what alternatives (if any) were genuinely discussed, in case the process is later challenged.
Redundancy Pay Calculator
Calculate your statutory redundancy pay based on age, length of service and weekly pay.
Open Redundancy Pay calculatorNotice Period Calculator
Calculate UK statutory and contractual notice period plus PILON or garden leave pay.
Open Notice Period calculatorFrequently asked questions
How long must collective redundancy consultation last?
If an employer proposes making 20 to 99 employees redundant at one establishment within a 90-day period, consultation must begin at least 30 days before the first dismissal takes effect. If 100 or more redundancies are proposed, consultation must begin at least 45 days before the first dismissal.
Does an individual redundancy require a minimum consultation period?
There is no fixed statutory minimum consultation period for a single individual redundancy outside the collective consultation thresholds, but a fair process still requires meaningful, genuine consultation with the affected employee before a final decision is made, or any dismissal risks being unfair.
What happens if an employer does not consult properly for collective redundancies?
Affected employees or their representatives can bring a protective award claim to an employment tribunal, which can order the employer to pay up to 90 days' gross pay per affected employee, in addition to any redundancy pay and notice pay otherwise due.
Do collective consultation rules apply per company or per workplace?
The thresholds are generally assessed at the level of the establishment (broadly, the specific workplace or business unit) proposing redundancies, not the whole company, though how 'establishment' is interpreted has been the subject of important case law and can vary depending on the structure of the employer's operations.
Who must an employer consult with for collective redundancies?
Employers must consult with recognised trade union representatives if a union is recognised, or with elected employee representatives if there is no recognised union, rather than only with each affected employee individually, though individual consultation should also still take place alongside the collective process.
Try the calculators
Related reading
Constructive Dismissal vs Unfair Dismissal: UK Rules Compared 2026/27
The difference between constructive dismissal and unfair dismissal in the UK — qualifying service, the tribunal test, tax treatment of any award, and how the two claims interact in 2026/27.
Statutory Notice Period by Length of Service: UK Rules 2026/27
How much notice UK employers and employees must give by length of service in 2026/27 — the statutory minimums, how contractual notice can extend them, and what happens if notice is not given.
48-Hour Working Week Opt-Out: Your Rights Explained 2026/27
How the Working Time Regulations 48-hour weekly limit and voluntary opt-out work in the UK in 2026/27 — how the average is calculated, who cannot opt out, and how to withdraw your opt-out.