Handling redundancies is always a difficult and sensitive task for any employer. To avoid legal risk and maintain staff trust, you must follow a fair and legally compliant redundancy consultation process UK. From understanding when consultations are required, to carrying out collective and individual meetings, this guide sets out everything you need to know. At EBS Law, we help employers across the UK navigate redundancy consultations confidently and correctly.
What You Need to Know About the Redundancy Consultation Process UK
When Does the Redundancy Consultation Process UK Begin?
The redundancy consultation process UK starts when an employer proposes redundancies. That might happen as part of restructuring, cost-cutting, or business closure. If there are fewer than 20 redundancies at one location in 90 days, only individual consultations are required. But when 20 or more roles are at risk, statutory collective consultation rules apply. Starting early and planning carefully is essential to avoid legal penalties.
What Are the Stages in the Redundancy Consultation Process UK?
A typical redundancy consultation process UK involves these key stages:
- Initial planning and identification of affected roles
- Employee notification and communication strategy
- Individual or collective consultation meetings
- Selection using fair redundancy criteria
- Final decision and issuing redundancy notices
- Consideration of appeals and post-redundancy support
Each stage must be documented thoroughly. At EBS Law, we assist employers with tailored documentation and robust decision-making frameworks.
What Happens in the Individual Redundancy Consultation Process UK?
Even with fewer than 20 redundancies, employers must follow a fair individual consultation. Topics include:
- The reason for potential redundancy
- How and why the role was selected
- Possible alternatives to dismissal or adjustments
- Details of notice, pay, benefits, and notice period
An employee should be invited to at least one meeting and given time to respond. If you consider alternatives like redeployment or reduced hours, these should be genuinely examined and documented.
How Does the Collective Redundancy Consultation Process UK Work?
When 20 or more redundancies are proposed, a statutory proces must be followed. Statutory windows open at 20–99 redundancies (minimum 30 days) or 100+ redundancies (minimum 45 days). The process requires:
- Notification to employee representatives or trade unions
- Election of representatives if needed
- Providing detailed information (numbers, roles, selection criteria)
- Regular meetings to discuss numbers, timings, and alternatives
- Issuing individual notices after completing consultation
During consultation, genuine efforts to explore alternatives — such as re-deployment, reduced hours, training, or voluntary redundancy — are required. Employers must keep written records of all meetings and decisions.
What Selection Criteria Should You Use?
Fair and consistent selection is at the heart of the redundancy consultation process UK. Criteria often include:
- Skills, qualifications and experience
- Performance records and appraisals
- Attendance (excluding disability-related absence)
- Disciplinary records
- Length of service (as a supporting factor, not sole criterion)
These criteria should be objective, documented, and consistently applied. Use a scoring or ranking system and be ready to explain your decisions during consultation and, if necessary, at a tribunal.
If you would like free advice on refining your redundancy selection or consultation documentation, John Bloor and the team can help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk.
How to Manage Appeals
After issuing redundancy notices, employees should be given a clear right to appeal. This appeal process forms an important part of the redundancy consultation process UK and helps you demonstrate fairness. Employers should:
- Set a reasonable timeframe for appeals
- Ensure someone other than the original decision-maker hears the appeal
- Base the appeal on evidence, not impression or hearsay
- Provide a written outcome and explain next steps
Even if an appeal upholds the decision, documenting the appeal outcome provides an added layer of defensibility in case of disputes later.
Risks of Not Following the Redundancy Consultation Process
Non-compliance can have serious consequences:
- Protective award liability: up to 90 days’ pay per employee for premature dismissal.
- Unfair dismissal claims: tribunals may find selection was unfair.
- Reputational harm: appearing disorganised or unfair could hurt morale and recruitment.
By following a lawful and transparent process you limit these risks.
Best Practices for a Smooth Redundancy Consultation Process
To meet the legal requirements and preserve your reputation, consider these tips:
- Start planning as early as possible
- Consult openly and proactively with employees
- Document all meetings, communications, and minutes
- Be transparent about criteria and timelines
- Genuinely explore alternatives to redundancy
This proactive and structured approach not only meets your legal obligations but also supports staff wellbeing during challenging times.
How EBS Law Supports Employers Through the Redundancy Process
Our team at EBS Law has extensive experience guiding employers through redundancy processes, both individual and collective. We help by:
- Drafting notice letters, consultation packs and documentation
- Advising on selection criteria and fair application
- Supporting consultation meetings and training managers
- Handling appeals and preparing responses to tribunal claims
- Offering fixed-fee support so you know costs upfront
With EBS Law on your side, you can manage redundancies correctly, reduce legal risk, and maintain dignity throughout the process.
Contact John Bloor today for expert support through your redundancy consultation process UK. Call 01625 874400 or email enquiries@ebslaw.co.uk.
Further Reading From EBS Law
For official guidance on redundancy and consultation procedures, see ACAS guidance on redundancy consultation.