Glossary · UK
What is Redundancy Consultation Period?
The legally required minimum period during which an employer must consult employees or their representatives before making them redundant, with the length depending on the number of proposed redundancies.
Full Definition
UK employment law sets minimum consultation requirements that employers must follow before dismissing employees for redundancy, designed to give employees or their representatives a genuine opportunity to discuss the proposals, explore alternatives, and potentially reduce the number of job losses. The rules differ depending on whether the redundancy is a single dismissal, a "small-scale" collective redundancy, or a "large-scale" collective redundancy. For an individual redundancy affecting one employee, there is no statutorily fixed minimum consultation period, but case law requires a fair and meaningful process, which in practice usually takes at least one to two weeks and includes at-risk notification, one-to-one consultation meetings, consideration of alternative roles, and a right of appeal. For collective redundancies -- where an employer proposes to dismiss 20 or more employees at one establishment within a 90-day period -- the Trade Union and Labour Relations (Consolidation) Act 1992 imposes fixed minimum consultation periods: at least 30 days before the first dismissal takes effect where 20 to 99 redundancies are proposed, and at least 45 days where 100 or more redundancies are proposed. These minimums were reduced from 90 days for the 100+ threshold in 2013. Employers proposing collective redundancies must also notify the Secretary of State (via the HR1 form to the Insolvency Service) before consultation begins, and must consult with appropriate representatives -- either a recognised trade union or elected employee representatives -- covering ways to avoid the redundancies, reduce the numbers affected, and mitigate the consequences. Failure to consult properly, or to notify the Secretary of State, can result in a protective award of up to 90 days' pay per affected employee, in addition to any unfair dismissal claims arising from the redundancy process itself.