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
If your employer is making up to 19 redundancies, there are no rules about how they should carry out the consultation. If they’re making 20 or more redundancies at the same time, the collective redundancy rules apply.
You can make a claim to an employment tribunal if your employer does not consult properly, for example if they start late, or do not consult at all.
Collective redundancy rules
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 does not 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, for example 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 does not 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.