UK Collective Redundancy Consultation (2026/27): Your Rights During the 30/45-Day Window
UK collective redundancy consultation rights 2026/27: Section 188 TULRCA 1992 thresholds (20-99 / 100+ redundancies), 30-day vs 45-day timetables, "establishment" counted per local site (USDAW v Ethel Austin / Lyttle v Bluebird UK Bidco 2 [2015] CJEU), HR1 notification, protective award up to 90 days pay for consultation failure, individual consultation requirements, the Employment Rights Bill 2024 proposed whole-UK aggregation.
Thresholds + protections at a glance
| Item | Value |
|---|---|
| Minimum consultation period (20-99 redundancies) | 30 days before first dismissal |
| Minimum consultation period (100+ redundancies) | 45 days before first dismissal |
| Counting threshold | Per "establishment" - local site (USDAW v Ethel Austin / Lyttle v Bluebird UK Bidco 2 [2015] CJEU C-80/14 / C-182/13). ERB 2024 proposes whole-UK aggregation - not yet law. |
| Failure to consult: protective award | Up to 90 days actual pay per affected employee (not capped at statutory weekly cap) |
| HR1 notification | Insolvency Service - 30 or 45 days before first dismissal |
| Counting window | 90-day rolling window of proposed dismissals |
Typical 30-day timeline (20-99 redundancies)
Day 0
Employer notifies appropriate representatives + Insolvency Service (HR1 form). Consultation begins.
Day 1-7
Election of employee reps if no recognised union; rep training; initial briefing on business reasons + proposed numbers.
Day 7-21
Substantive consultation: scoring matrix proposals, suitable alternative employment discussions, voluntary redundancy expressions, hardship cases.
Day 21-29 (or 21-44)
Individual consultation meetings begin in parallel. At-risk pool announced. Individual scoring + appeals.
Day 30 (or 45)
Earliest date dismissal notices can be issued. Consultation must be "complete" - all proposals must have been genuinely considered with feedback given.
For 100+ redundancies the timeline extends to 45 days - additional time typically goes into refining the scoring matrix + suitable alternative employment matching. Individual consultation runs in parallel with collective consultation; it does not replace it.
Strategic priorities for affected employees
- Week 1: Request documents in writing - business case for redundancy, selection pool definition, selection criteria + weightings, draft individual scoring. Without these, fair consultation is impossible.
- Week 1-2: Volunteer for the rep role if appropriate. Reps receive paid time off + protection from selection - they get earlier access to information.
- Week 2: Voluntary redundancy interest - employers often enhance terms for volunteers (1.5-3× statutory rates). Express interest without committing.
- Week 2-3: Suitable alternative employment - apply for any internal vacancies that could meet the "suitable" test. 4-week trial period preserves redundancy if it doesn\'t work out.
- Week 3: Scrutinise the scoring matrix - challenge subjective criteria, request evidence behind your scores, raise discrimination concerns where weightings disadvantage protected characteristics.
- Week 3-4: Negotiate settlement if enhanced terms are offered. Settlement agreements require independent legal advice (paid by employer). Reference: 1-3 months extra salary + clean reference + protected covenant carve-outs are achievable.
- Throughout: Document everything. Keep meeting notes, all consultation documents, the scoring matrix, your communications. If you later challenge the fairness, documentation is the entire case.
"Establishment" = local site (CJEU 2015) + Employment Rights Bill reform
Current law (per-establishment): the 20-redundancy collective consultation threshold counts PER "establishment" - the local unit / site / branch where the affected employees work. Confirmed by CJEU 2015 in USDAW v Ethel Austin Ltd (Woolworths, C-80/14) and Lyttle v Bluebird UK Bidco 2 Ltd (C-182/13). A retailer making 19 redundancies per site across 10 sites (190 total) does NOT currently trigger the collective consultation threshold at any single site - though individual consultation duties + good employment practice still apply.
Employment Rights Bill 2024 (proposed reform, not yet commenced): would aggregate redundancies across the whole UK business in a 90-day rolling window. If enacted, multi-site retailers + chains would face significantly tighter consultation obligations. Practical impact when it commences:
- A retailer making 10 redundancies at each of 3 stores over 2 months would trigger collective consultation under the new aggregation rule.
- Rolling 90-day window means employers cannot "drip-feed" redundancies to stay below the threshold.
- Multi-site businesses should prepare for collective consultation discipline whenever total UK proposed redundancies approach 20.
- Failure would expose employer to protective awards across all affected employees, not just one site.
Check the latest Employment Rights Bill 2024 commencement status before relying on either rule.
Related guides
- UK Statutory Redundancy Pay 2026/27 - £751 weekly cap + £30k tax-free rule.
- UK Notice Period Rules 2026/27 - PILON + garden leave during redundancy.
- UK Employment Contract Red Flags 2026/27 - clauses that matter at exit.
- Statutory redundancy calculator - calculate your statutory entitlement.
- Universal Credit calculator - income support after redundancy.
Frequently asked questions
What triggers collective consultation?
20+ proposed redundancies at one ESTABLISHMENT in a 90-day period triggers Section 188 TULRCA 1992 collective consultation duties. CJEU rulings in USDAW v Ethel Austin (Woolworths) C-80/14 + Lyttle v Bluebird UK Bidco 2 C-182/13 (both 2015) confirmed that "establishment" = the local unit / site (not the whole UK business). So a multi-site retailer making 19 redundancies per site, but 100+ across the UK, is NOT currently caught - though each site's individual consultation duties may still apply. The Employment Rights Bill 2024 proposes to AGGREGATE across the whole UK business, but this has not yet been commenced. Below 20 at any one site: only individual consultation applies. "Redundancy" includes situations where the work has reduced even if the headcount target is met by some employees being offered alternative roles.
What does "consultation" actually require?
Genuine, not tokenistic. Section 188(2) TULRCA requires the consultation to be undertaken "with a view to reaching agreement" on: (a) ways to avoid the dismissals, (b) reducing the number to be dismissed, (c) mitigating the consequences. Specific topics: business rationale, proposed selection criteria + scoring matrix, suitable alternative employment, voluntary redundancy program, enhanced redundancy package, retraining, support services. Going through the motions without genuine engagement = unfair consultation = protective award.
Who represents employees during consultation?
Either (a) a recognised trade union if one exists for the affected group, or (b) elected employee representatives. Where neither exists, the employer must arrange elections (Section 188A TULRCA). Reps get statutory time off + pay to perform the role + protection from dismissal for performing the role. Employees can also be consulted individually after collective consultation - both are required.
What is the protective award?
If the employer fails to comply with consultation duties, an Employment Tribunal can order a "protective award" - up to 90 days actual pay per affected employee, NOT capped at the statutory weekly cap (£751 in 2026/27). For a £50k salaried employee, 90 days pay = ~£12,300. Award is per employee, paid alongside any other compensation. Insolvency does not extinguish the award - the Redundancy Payments Service partially covers it up to the statutory weekly cap.
Can the employer issue dismissal notices before the consultation period ends?
No. Issuing dismissal notices before day 30 (or 45) is itself a breach of Section 188. Employers sometimes try to "informally" tell people they're going to be made redundant during week 2 - this counts as serving notice if it's explicit and unconditional. The consultation must complete before formal notices are served. Last-day-of-consultation notices are normal but issuing earlier is risky for the employer.
What's the HR1 form and when must it be filed?
HR1 is the statutory notification to the Insolvency Service of proposed redundancies above 20. Must be filed: 30 days before first dismissal for 20-99 redundancies; 45 days for 100+. Failure to file is a criminal offence (Section 194 TULRCA) - fine up to £5,000 per employee (technically uncapped). The HR1 isn't a public document but the Insolvency Service uses it to coordinate support services + monitor redundancy trends. From 2025 the HR1 must be submitted online.
How should I use the consultation period as an employee?
Strategic priorities: (1) Request the business case + selection criteria in writing - rules out arbitrary selection. (2) Apply for any suitable alternative employment opportunities being floated. (3) If you want out, raise voluntary redundancy interest early - employers often offer enhanced terms for volunteers. (4) Check your statutory + contractual entitlements; many enhanced redundancy schemes pay 2-4× statutory. (5) Negotiate a settlement agreement IF the employer offers enhanced terms - includes independent legal advice paid by employer (~£500-£1,500). (6) Document everything - keep all consultation materials + your responses. (7) Take advice early - ACAS helpline + Citizens Advice are free. See our statutory redundancy guide.
What's "suitable alternative employment"?
Section 141 ERA 1996. Employer must offer any vacancies in the wider business that could be a "suitable alternative" before confirming redundancy. Factors: pay similar, location within reasonable commute (typically <60 minute door-to-door), responsibilities similar or higher, working pattern similar. 4-week trial period preserves redundancy rights if you find the role unsuitable. Unreasonable refusal: you can lose statutory redundancy entitlement. Reasonable refusal grounds: significant pay cut (>10%), significant commute increase, demotion in status, materially worse working conditions. Document your refusal reasons in writing.