You’re entitled to a consultation with your employer if you’re being made redundant. This involves speaking to them about:
- why you’re being made redundant
- any alternatives to redundancy
You can make a claim to an employment tribunal if your employer doesn’t consult properly (eg if they start late, don’t consult properly or don’t consult at all).
If your employer is making 20 or more employees redundant at the same time, the consultation should take place between your employer and a representative (rep).
This will either be:
- a trade union rep (if you’re represented by a trade union)
- an elected employee rep (if you’re not represented by a trade union, or if your employer doesn’t recognise your trade union)
Collective consultations must cover:
- ways to avoid redundancies
- the reasons for redundancies
- how to keep the number of dismissals to a minimum
- how to limit the effects for employees involved, eg by offering retraining
Your employer must also meet certain legal requirements for collective consultations.
Length of consultation
There’s no time limit for how long the period of consultation should be, but the minimum is:
- 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect
- 100 or more redundancies - the consultation must start at least 45 days before any dismissals take effect
Electing employee reps
If you’re an employee affected by the proposed redundancies you can:
- stand for election as an employee rep
- vote for other reps
Fixed term contract employees
Your employer doesn’t need to include you in collective consultation if you’re employed under a fixed term contract, except if they’re ending your contract early because of redundancy.