UK Collective Redundancy Consultation (2026/27): Your Rights During the 30/45-Day Window
Collective redundancy 2026/27: TULRCA s.188 thresholds, 30 and 45-day minimum periods, HR1 notice, the 180-day protective award from April 2026, and the ERA 2025 changes.
Thresholds + protections at a glance
| Item | Value |
|---|---|
| Minimum consultation period (20-99 redundancies) | 30 days before the first dismissal takes effect |
| Minimum consultation period (100+ redundancies) | 45 days before the first dismissal takes effect |
| Counting threshold | 20 or more at one establishment within 90 days or less. ERA 2025 s.29 adds an alternative threshold across the whole business, to be set by regulations under new s.195A; at 1 October 2026 it is in force only for making those regulations. |
| Failure to consult: protective award | Up to 180 days' pay per affected employee for dismissals taking effect on or after 6 April 2026 (90 days before); a week's pay is not capped |
| HR1 notification | Online to the Redundancy Payments Service, before any notice of dismissal is given and 30 or 45 days before the first dismissal takes effect |
| Failure to notify | Criminal offence: fine up to level 5 (unlimited in England and Wales) |
TULRCA 1992 applies in England, Scotland and Wales. Northern Ireland has its own employment legislation, which this guide does not cover. Sources: TULRCA s.188, GOV.UK Making staff redundant.
How a collective consultation runs
Start
Consultation with appropriate representatives begins "in good time", and at least 30 days (20-99 redundancies) or 45 days (100 or more) before the first dismissal takes effect. The employer gives written details of the reasons, numbers, selection method and how dismissals will be carried out. HR1 goes to the Redundancy Payments Service by the same deadline.
Representatives
If there is no recognised trade union and no existing representatives, the employer must arrange elections (s.188A).
Consultation
Consultation about avoiding dismissals, reducing the numbers and mitigating the consequences, "with a view to reaching agreement" (s.188(2)). Selection criteria, alternative roles and voluntary redundancy are usually discussed here.
Individual stage
Individual consultation with affected employees usually follows or runs alongside; a fair redundancy dismissal generally needs it.
Notices
GOV.UK: issue redundancy notices once the consultation is complete. No dismissal can take effect before the end of the 30 or 45-day minimum period.
There is no maximum length for consultation, only the minimum periods before dismissals take effect (GOV.UK). Individual consultation does not replace collective consultation.
Priorities for affected employees
- Ask for documents in writing - the business case, the selection pool, the selection criteria and weightings, and your own scores.
- Consider standing as a representative - representatives get paid time off for the role and protection from detriment or dismissal for carrying it out.
- Voluntary redundancy - if you would prefer to leave, express interest; any enhanced terms are for your employer to set.
- Suitable alternative employment - apply for internal vacancies that could be suitable. A 4-week trial period protects your redundancy rights.
- Scrutinise the scoring - challenge subjective criteria, ask for the evidence behind your scores, and raise concerns where criteria could disadvantage people with protected characteristics.
- Settlement agreements - only binding after independent legal advice. Check what you are giving up before signing.
- Document everything - meeting notes, consultation documents, the scoring matrix and your correspondence.
"Establishment" and the Employment Rights Act 2025 change
Current test: the 20-redundancy threshold counts per "establishment" - the local unit to which employees are assigned. The CJEU confirmed this in 2015 in USDAW v WW Realisation 1 Ltd (Woolworths, C-80/14) and Lyttle v Bluebird UK Bidco 2 Ltd (C-182/13). A retailer making 19 redundancies at each of 10 stores does not reach the threshold at any single store.
Employment Rights Act 2025 s.29: amends s.188 and s.193 so that the duties also apply where an employer proposes to dismiss at least a "threshold number" of employees within 90 days, counted across the business. The number is to be set by regulations under a new s.195A (which can use a fixed number, a percentage of employees, or a combination). The section came into force on 6 January 2026 only for the purpose of making those regulations (SI 2026/3), so until the regulations are made and in force, the per-establishment test still applies. Check legislation.gov.uk for the current 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?
Proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less (TULRCA 1992 s.188). The CJEU in USDAW v WW Realisation 1 Ltd (Woolworths, C-80/14) and Lyttle v Bluebird UK Bidco 2 Ltd (C-182/13), both 2015, held that "establishment" means the local unit employees are assigned to, not the whole business. The Employment Rights Act 2025 s.29 adds a second trigger - a "threshold number" of employees across the business, to be fixed by regulations under a new s.195A. At 1 October 2026 that section is in force only for the purpose of making the regulations, so the per-establishment test still decides most cases. Below 20, no collective rules apply, though individual consultation is still expected for a fair dismissal.
What does "consultation" actually require?
Section 188(2) TULRCA requires consultation about ways of (a) avoiding the dismissals, (b) reducing the numbers to be dismissed and (c) mitigating the consequences, undertaken "with a view to reaching agreement" with the representatives. The employer must give written details including the reasons, the numbers and descriptions of employees affected, the proposed selection method and how dismissals will be carried out (s.188(4)). A process that goes through the motions without genuine engagement can lead to a protective award.
Who represents employees during consultation?
A recognised trade union for the affected employees, or otherwise employee representatives - existing ones with authority, or ones elected for the purpose. If there are none, the employer must arrange elections (s.188A TULRCA). Representatives are entitled to reasonable paid time off to carry out the role and are protected from detriment and dismissal for doing so.
What is the protective award?
If an employer fails to consult as required, an employment tribunal can make a "protective award" of pay for a protected period. Employment Rights Act 2025 s.30(2) raised the maximum period in s.189(4) TULRCA from 90 to 180 days, in force 6 April 2026 for dismissals taking effect on or after that date (SI 2026/323 reg. 5). A week's pay for this purpose is not subject to the statutory cap (£751 in 2026/27). Illustration: on a £50,000 salary, 180 days' pay is about £24,700 (about £12,300 under the old 90-day maximum). If the employer is insolvent, the Redundancy Payments Service pays it as money owed, limited to 8 weeks at £751 a week (GOV.UK).
Can the employer issue dismissal notices before the consultation period ends?
GOV.UK tells employers to issue redundancy notices once the consultation is complete, and no dismissal can take effect until the 30 or 45-day minimum period has run (s.188(1A)). The HR1 must also be sent before any notice of dismissal is given (s.193). Giving notice while consultation is still genuinely open risks a finding that the employer did not consult properly.
What's the HR1 form and when must it be filed?
HR1 is the employer's notice to the Secretary of State, submitted online to the Redundancy Payments Service, of a proposal to make 20 or more redundancies. It must be given before any notice of dismissal and at least 30 days (20-99) or 45 days (100 or more) before the first dismissal takes effect (s.193 TULRCA). Failing to notify is a criminal offence with a fine up to level 5 on the standard scale (s.194) - unlimited in England and Wales; GOV.UK describes it as an unlimited fine.
How should I use the consultation period as an employee?
Ask for the business case and selection criteria in writing. Apply for any suitable alternative roles. If you would prefer to leave, say so early: some employers offer better terms to volunteers. Check your statutory and contractual entitlements - any enhanced scheme is set by your employer. If you are offered a settlement agreement, it is only binding if you have received independent legal advice; employers often contribute to the cost. Keep copies of all consultation documents and your responses. ACAS and Citizens Advice give free advice. See our statutory redundancy guide.
What's "suitable alternative employment"?
Whether a job is suitable depends on how similar the work is, the terms offered, your skills and circumstances, and the pay, status, hours and location (GOV.UK). You have the right to a 4-week trial period in an alternative job without losing your redundancy rights. If you unreasonably turn down suitable alternative employment, you can lose statutory redundancy pay; you can go to an employment tribunal if you think the job offered was not suitable. A redundancy can be an unfair dismissal if a suitable job was available and not offered. Employees on, or recently back from, maternity and other parental leave have priority for suitable vacancies.