By Team SalaryCalculate · 10/7/2025
Redundancy Consultation Process: What Employers Must Do
The redundancy consultation process is a crucial legal requirement that protects employees during job losses. It's not just a formality - it's a structured process that gives you the opportunity to challenge decisions, explore alternatives, and ensure your employer follows proper procedures.
This comprehensive guide covers everything you need to know about the consultation process, from your legal rights to practical strategies for making the most of consultation meetings. Whether you're facing individual redundancy or part of a larger restructuring, understanding the process is essential for protecting your interests.
What Is the Consultation Process?
The consultation process is a legal requirement that employers must follow before making redundancies. It's designed to give employees the opportunity to challenge the decision, explore alternatives, and ensure the redundancy is genuine and fair.
The process involves several key elements:
• Meaningful discussions about the reasons for redundancy
• Exploration of alternative employment options
• Consideration of ways to avoid or reduce redundancies
• Fair selection criteria and procedures
Individual vs Collective Consultation
The consultation process differs depending on the number of redundancies. Understanding which applies to your situation is crucial for knowing your rights and what to expect.
Individual Consultation
Individual consultation applies when fewer than 20 redundancies are planned. This process is less formal but still requires your employer to:
• Explain why your role is at risk
• Discuss any alternative employment options
• Listen to your suggestions and concerns
• Consider any proposals you make
Collective Consultation
Collective consultation is required when 20 or more redundancies are planned within 90 days. This involves more formal procedures and longer timeframes:
• 30 days' consultation for 20-99 redundancies
• 45 days' consultation for 100+ redundancies
• Consultation with trade unions or employee representatives
• Written notification to the Department for Business, Energy and Industrial Strategy (BEIS)
Your Rights During Consultation
During the consultation process, you have several important rights that protect your interests and ensure fair treatment:
Right to Information
You have the right to receive clear information about:
• The reasons for redundancy
• The number of employees affected
• The selection criteria used
• Any alternative employment options
Right to Be Heard
You have the right to express your views and have them considered. This includes:
• Challenging the redundancy decision
• Suggesting alternative solutions
• Proposing ways to avoid redundancy
• Raising concerns about the selection process
Right to Representation
You have the right to be accompanied to consultation meetings by:
• A colleague or trade union representative
• A legal representative (in some cases)
• A family member or friend (if agreed by your employer)
What Employers Must Do
Employers have specific legal obligations during the consultation process. Understanding these requirements helps you know what to expect and ensures your employer follows proper procedures.
Provide Clear Information
Employers must provide clear, written information about:
• The reasons for redundancy
• The number of employees affected
• The selection criteria and scoring system
• The proposed timetable for redundancies
Engage in Meaningful Consultation
Consultation must be genuine and meaningful, not just a box-ticking exercise. Employers must:
• Listen to employee concerns and suggestions
• Consider alternative solutions seriously
• Provide feedback on proposals made
• Be open to changing their plans if better alternatives emerge
Follow Proper Timelines
Employers must follow the required consultation periods:
• Individual consultation: No minimum period, but must be meaningful
• 20-99 redundancies: 30 days' consultation
• 100+ redundancies: 45 days' consultation
Making the Most of Consultation
The consultation process is your opportunity to influence the outcome. Here's how to make the most of it:
Prepare Thoroughly
Before consultation meetings, prepare by:
• Researching the company's financial position and business needs
• Identifying alternative solutions or cost-saving measures
• Preparing questions about the selection process
• Gathering evidence of your value to the company
Propose Alternatives
Be proactive in suggesting alternatives:
• Reduced hours or job sharing arrangements
• Temporary layoffs or sabbaticals
• Alternative roles within the company
• Cost-saving measures that could avoid redundancies
Challenge the Selection Process
If you believe the selection process is unfair, challenge it by:
• Requesting detailed scoring and criteria
• Comparing your scores with colleagues
• Identifying any bias or discrimination
• Requesting a review of the decision
Consultation Process Timeline
Understanding the typical timeline helps you prepare and know what to expect:
| Stage | Individual Consultation | Collective Consultation (20-99) | Collective Consultation (100+) |
|---|---|---|---|
| Notification | As soon as possible | 30 days before first dismissal | 45 days before first dismissal |
| Consultation Period | No minimum | 30 days | 45 days |
| BEIS Notification | Not required | Required | Required |
| Union Involvement | Optional | Required if union recognized | Required if union recognized |
| Final Decision | After meaningful consultation | After 30 days | After 45 days |
Common Consultation Scenarios
Every consultation process is different, but here are some common scenarios and how to handle them:
Scenario 1: Inadequate Consultation
If your employer doesn't follow proper consultation procedures, the redundancy may be unfair. Document all meetings, requests, and responses. Consider seeking legal advice if you believe the process is inadequate.
Scenario 2: No Alternative Employment
If no alternative employment is offered, ask why. Your employer must demonstrate they've considered all options. Use the redundancy pay calculator to understand your entitlements and plan your next steps.
Scenario 3: Unfair Selection
If you believe the selection process is unfair or discriminatory, challenge it immediately. Request detailed scoring and compare with colleagues. Consider seeking legal advice if you suspect discrimination.
Frequently Asked Questions
What if my employer doesn't consult properly?
If your employer fails to follow proper consultation procedures, the redundancy may be unfair. You could have a claim for unfair dismissal, even if the redundancy itself is genuine. Document all meetings and seek legal advice if necessary.
Can I refuse to attend consultation meetings?
You can refuse to attend, but this may weaken your position and could be seen as misconduct. It's better to attend and make your views known. If you can't attend, request alternative arrangements.
What if I disagree with the selection criteria?
You can challenge the selection criteria if you believe they're unfair or discriminatory. Request detailed information about how the criteria were chosen and applied. Consider seeking legal advice if you suspect bias.
Can I appeal the redundancy decision?
Yes, you can appeal against the redundancy decision if you believe it's unfair. The appeal should be heard by someone not involved in the original decision. You have the right to be accompanied and to present your case.
Next Steps
Understanding the consultation process is crucial for protecting your interests during redundancy. Use this knowledge to engage effectively with your employer and explore all available options.
Remember to:
• Know your rights and don't be afraid to assert them
• Prepare thoroughly for consultation meetings
• Propose alternatives and challenge unfair decisions
• Seek professional advice if you're unsure about your rights
The consultation process is your opportunity to influence the outcome and protect your interests. Make the most of it by staying informed, preparing thoroughly, and engaging constructively with your employer.
