Do the consultation rules apply if fewer than 20 redundancies are proposed?

It depends on the circumstances.

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.

However, employers are still expected to carry out individual consultation with affected employees before making redundancy decisions.

During 2027, the Act is due to introduce an organisation-wide trigger. Once commenced, redundancies across the wider organisation may trigger collective consultation even where fewer than 20 are proposed at a particular establishment. The threshold will be set by regulations.

In addition, some employers may have contractual, policy or collective agreement commitments that provide for consultation beyond the minimum legal requirements.

What this means for union reps

• The absence of a collective consultation duty does not mean that employers can avoid consulting affected employees.
• Reps should ensure that members facing redundancy receive meaningful individual consultation and have the opportunity to discuss alternatives.
• In organisations with multiple sites, reps should be alert to whether redundancies across the wider organisation may trigger collective consultation requirements.
• Even where fewer than 20 redundancies are proposed, unions may still be able to influence outcomes through negotiation, consultation and collective bargaining arrangements.