How long must you consult before making redundancies?
Individual redundancy requires meaningful consultation. Collective consultation periods are 30 days (20–99 redundancies) or 45 days (100+). Protective awards doubled to 180 days from April 2026.
Consultation requirements differ by the scale of the proposed redundancies. Get them wrong and the financial consequences are severe — especially after the April 2026 reforms doubled the protective award.
Individual redundancy (fewer than 20 in 90 days)
- No statutory minimum consultation period.
- Consultation must be meaningful — not a rubber-stamp exercise.
- Good practice: at least 2 to 4 weeks of genuine consultation before any dismissal is confirmed.
- The consultation must cover ways to avoid redundancy, selection, alternative employment, and notice.
Collective redundancy (20+ redundancies)
The duty to collectively consult arises when an employer is proposing 20 or more redundancies at one establishment within a 90-day period. The trigger is the proposal — not the final decision.
- 20 to 99 redundancies: minimum 30 days of consultation before the first dismissal.
- 100 or more redundancies: minimum 45 days of consultation before the first dismissal.
The duty to notify the Fair Work Agency (the HR1 form, previously sent to the Secretary of State) applies at the same thresholds and timings.
April 2026: protective award doubled
The maximum protective award for failing to comply with collective consultation obligations doubled from 90 days' pay to 180 days' pay per affected employee from 6 April 2026.
For a redundancy of 25 employees at an average salary of £35,000, that increases potential exposure from approximately £214,000 to over £428,000.
Failing to notify the Fair Work Agency via the HR1 form is also a criminal offence, with potential personal liability for directors and managers whose consent, connivance or neglect contributed to the breach.
What "meaningful" consultation requires
- Reasons for redundancy provided in writing.
- Numbers and categories of affected employees.
- Selection criteria disclosed and open to challenge.
- Procedure and timescale.
- Calculation of redundancy pay and any enhanced terms.
- Vacancies — the employer must actively seek suitable alternative employment.
- A genuine response to representations made by employees or their representatives.
The consultation must begin before decisions are made — not after.
Common failings
- Starting consultation only when the decision is effectively final.
- Failing to identify when the threshold is met across multiple sites or business units.
- Inadequate disclosure of information to employee representatives.
- Missing the HR1 notification deadline.
Official sources: GOV.UK — Making redundancies and ACAS — Redundancy.
This article is verified against guidance published by GOV.UK.
Read the official sourceRun a fair redundancy process end-to-end
At-risk letters, consultation records, outcome notices, settlement letters — generated with the correct statutory periods, the right caps, and the right process.
Related articles
Statutory redundancy pay: how to calculate it (2026 rates)
Statutory redundancy pay is based on age, length of service and weekly pay (capped at £751/week from April 2026, max £22,530). First £30,000 is tax-free.
Read article RedundancyFair redundancy selection criteria — and what to avoid
Selection criteria must be objective and consistently applied. Pregnancy, maternity, disability-related absence and trade union membership cannot be used — doing so is automatic unfair dismissal.
Read article ComplianceTUPE: when it applies and what employers must do
TUPE transfers employees automatically on a business sale or service provision change, preserving their terms and continuity. Failure to inform and consult can cost up to 13 weeks' pay per employee.
Read articleThis article is reference content, not legal advice. UK employment law changes frequently; while we verify articles regularly against the named source, you should always check the current position with a qualified employment solicitor for any specific decision. Complyer Editorial Team · Updated May 2026.