When your business is facing redundancy, restructuring, or closure, it’s essential to understand the collective consultation requirements UK law requires. Failing to follow the rules can lead to legal claims, financial penalties, and reputational damage. At EBS Law, we guide UK employers through each stage of collective consultation to ensure compliance, fairness, and clarity.
Understanding the Collective Consultation Requirements UK Employers Must Follow
When Do Collective Consultation Requirements UK Apply?
The collective consultation requirements UK are triggered when an employer proposes 20 or more redundancies at one establishment within a 90-day period. This applies whether the dismissals are simultaneous or in phases. If you meet this threshold, you must start a formal consultation process with appointed employee representatives or trade unions before issuing any redundancy notices.
Who Must Be Involved in Collective Consultation Requirements?
Under the collective consultation requirements UK, employers must inform and consult with:
- Employee representatives elected by the workforce
- Trade union representatives if a recognised union exists
If there aren’t elected reps or a union, you must hold a fair election and allow sufficient time for election process and engagement.
What Must Employers Provide in Collective Consultation?
During the consultation, you must provide key information, including:
- The reason for redundancies or changes
- Number and roles of employees affected
- How employees are selected (selection criteria)
- Timeline and method for dismissal notices
- Proposed measures to avoid or reduce job losses
These are non-negotiable under the collective consultation requirements UK. Transparency and early communication are crucial to prevent legal disputes.
How a Collective Consultation Requirements UK Process Works
The statutory consultation must begin in good time – at least 30 days before the first redundancy if you’re dismissing between 20–99 employees, and 45 days if 100 or more. Failure to do so may lead to protective award claims, where tribunals can order up to 90 days’ pay per affected employee.
A typical process includes:
- Informing and setting up a consultation body
- Holding regular meetings with reps
- Considering alternatives (e.g. redeployment, job-sharing)
- Documenting outcomes and decisions
- Issuing individual redundancy notices after consultation
Risks of Ignoring Collective Consultation Requirements
Non-compliance can be dangerous. If you start dismissals before the consultation concludes, employees can claim protective awards. Additionally, if your process is flawed—such as using unreasonable selection criteria, or failing to consult properly—you may face unfair dismissal claims. The reputational damage from legal disputes can impact staff morale and future recruitment efforts.
Best Practices for Meeting Collective Consultation Requirements
To navigate successfully, employers should follow these best practices:
- Plan ahead—don’t wait until just before the 30/45-day deadline
- Use objective, transparent selection criteria
- Offer meaningful consultation and genuinely consider alternatives
- Keep clear, dated records of every meeting and decision
If you would like free advice on this process, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk for bespoke guidance.
How EBS Law Supports Employers With Collective Consultation Requirements
At EBS Law, we assist employers with:
- Verifying your redundancy numbers and timeline
- Advising on representative elections
- Drafting information packs and consultation documents
- Attending meetings with representatives
- Helping you explore alternatives
- Preparing for dismissal notices or tribunal hearings
Our expertise ensures you comply with all collective consultation requirements UK and minimise legal risks.
Case Example: Repayment of Protective Awards
Imagine a business proposing 25 redundancies. They hold just two short meetings, then issue notices immediately after. A tribunal rules that the consultation was inadequate. The employer is ordered to pay a protective award of up to 90 days’ pay for each of the 25 employees. That’s potentially months of payroll gone in penalties — and all avoidable had the employer complied with the collective consultation requirements UK.
What If You Miss the Deadline?
If you miss the 30/45-day consultation requirement, start the process immediately and document your remedial steps. It won’t erase non-compliance but shows good faith. You might still face claims, but having engaged properly could reduce the financial impact.
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business remains compliant, fair and protected. Call 01625 874400 or email enquiries@ebslaw.co.uk.
Further Reading From EBS Law
For official government guidance on redundancy consultation, see GOV.UK redundancy consultation.