Guide to:
Redundancy and consultation
The Act strengthens redundancy consultation protections by increasing penalties for employers who fail to consult properly and expanding when collective consultation may be required. Unions and reps will play a key role in ensuring meaningful consultation, challenging proposals and supporting members through redundancy processes.
Explore the guidance below to find out more about what these changes mean for you.
If you’re not already a union member, you can use our Union Finder tool to find out which one would be the best fit.
We also have a useful toolkit to guide you through the key reforms - Employment Rights Act toolkit.
Common
questions
questions
What changes are being made to redundancy consultation requirements?
The Act increases the consequences for employers that fail to comply with collective redundancy consultation and provides for a future organisation-wide consultation trigger.
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Do the consultation rules apply if fewer than 20 redundancies are proposed?
The legal duty to undertake collective consultation has traditionally applied where an employer proposes to make 20 or more redundancies within a 90-day period. Where fewer than 20 redundancies are proposed, the statutory collective consultation requirements will not normally apply.
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Do employers have to consult with workers if there is no recognised union?
Yes. Employers cannot avoid their consultation obligations simply because there is no recognised trade union.
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Will the penalties for failing to consult properly increase?
Yes. The Act increases the penalties that can be imposed on employers who fail to comply with their collective consultation obligations during redundancy exercises.
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