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Redundancy Consultation for Employers
We have returned to working with HR Dept Solent following a period with another HR provider. We prefer the 'hands on' approach rather than virtual assistance. The team are always very supportive, responsive and professional. It has been a pleasure to re-engage with them. As an SME their dedicated guidance and support is invaluable.Julie,
We used the HR Dept to manage a project that involved a significant number of redundancies within a complex context. They were superb- providing us with clear, professional advice at all times and supporting us as a management team as well. In their interactions with employees they were empathetic and effective. Our main contacts were Fintan O'Toole and Ali Day- they were both excellent.Jane,
Our staff HR training was facilitated by Ryan Gay, owner of the HR Dept Exeter. Ryan's excellent expertise and experience in the sector was invaluable and provided reassurance to the staff team who can often feel overwhelmed or anxious about HR related issues which are often complex and multi-faceted. Ryan's delivery and interaction with the group allowed for openness and transparency within the discussion and encouraged engagement. Staff fed back that the training was excellent and came away feeling more knowledgeable and confident in tackling HR concerns and in asking for help from our experts, the HR Dept (Exeter).Sarah,
We have been using the services of Nick and the Team at Dorset for the last year. They have provided us with support in a helpful and informative way with all areas of HR within our business.Happy client,
If your business is considering redundancies, consultation is one of the most important parts of the process.
It is not just about telling employees what is happening. It is your opportunity to explain the situation, listen to feedback, consider alternatives, and show that any decisions are being made fairly.
Handled well, redundancy consultation can help you reduce legal risk, protect working relationships, and manage change more confidently. Handled poorly, it can quickly lead to confusion, complaints, and costly mistakes.
At The HR Dept, we help employers manage redundancy consultation in a practical and compliant way, whether you are making one role redundant or dealing with a wider restructure.
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What this page covers
If you are planning redundancies, this page will help you understand:
- What redundancy consultation is
- When redundancy consultation is required
- How long the redundancy consultation period lasts
- What happens in a redundancy consultation meeting
- The redundancy consultation process step by step
- Individual and collective redundancy consultation
- Common mistakes employers should avoid
- How The HR Dept can help
- Redundancy consultation FAQs
What is redundancy consultation?
Redundancy consultation is the process of speaking with employees whose roles may be at risk before any final decision is made.
That point matters.
Consultation should be a real discussion, not a formality. Employees should have the chance to understand what is being proposed, ask questions, raise concerns, and suggest alternatives before the outcome is confirmed.
For employers, this is a key part of a fair redundancy process. It shows that you have taken the right steps, kept an open mind, and properly considered the impact on the people affected.
When is redundancy consultation required?
If an employee is at risk of redundancy, consultation should form part of the process.
That applies whether you are looking at one role or several.
If fewer than 20 employees are affected, there is no fixed minimum consultation period set by law. However, that does not mean you can skip consultation or rush through it. You still need to meet with affected employees, explain the proposal properly, and give them a genuine chance to respond.
If you are proposing 20 or more redundancies at one establishment within a 90-day period, collective consultation rules may apply. In that situation, the process becomes more formal and employers may need to consult employee representatives as well as speaking to individuals.
This is why it is important to understand the scale of the proposal early. The number of people affected can change both the timeline and the legal requirements.
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How long is the redundancy consultation period?
This is one of the questions employers ask most often, and understandably so.
The answer depends on how many redundancies are being proposed and whether collective consultation rules apply.
- If fewer than 20 employees are affected, there is no set minimum number of days. Instead, the consultation needs to be long enough to be meaningful. Employees should have time to absorb the proposal, ask questions, and respond. In many cases, that means more than one conversation.
- If 20 to 99 redundancies are proposed at one establishment within 90 days, consultation must begin at least 30 days before the first dismissal takes effect.
- If 100 or more redundancies are proposed, that minimum increases to 45 days.
These are minimum timeframes, not a sign that the process has been handled properly by default. What matters just as much is whether consultation starts early enough and whether employees are given a genuine opportunity to influence the discussion.
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What happens in a redundancy consultation meeting?
A consultation meeting is where the proposal is explained to the employee and they are given the chance to respond.
In most cases, the meeting will cover why the role is at risk, what changes are being proposed, and what the next steps may look like. It is also the point where an employee can raise questions, challenge assumptions, and suggest alternatives.
That might include asking about:
- the business reasons behind the proposal
- how selection decisions are being made
- whether there are alternative roles available
- whether redundancy could be avoided in another way
- what support is available during the process
A good consultation meeting should feel clear and professional, but not cold. It should show that the employer is listening, not simply delivering a final decision.
It is also important to keep proper notes. If the process is questioned later, a clear record of what was discussed and what was considered can make a real difference.
What should be discussed?
The exact detail will depend on the situation, but consultation will usually cover:
- why redundancies are being proposed
- which roles are affected
- how selection is being approached
- whether there are ways to avoid redundancy
- any suitable alternative roles
- the likely timeline and next steps
How many meetings are needed?
There is no fixed number that makes consultation fair.
In some cases, one initial meeting followed by a further discussion may be enough. In others, more time may be needed — especially if selection scores are being reviewed, alternative roles are being explored, or employees have raised points that need consideration.
The main test is whether the consultation has been meaningful, not whether it followed a set number of meetings.
The redundancy consultation process step by step
A fair process usually starts well before the first consultation meeting.
First, the employer needs to be clear about the business reason behind the proposal. That could be a restructure, a drop in demand, a workplace closure, or a reduced need for a particular role.
Next comes identifying which roles may be affected. If several employees do similar work, you may also need to decide on a selection pool. At that stage, it is important to think carefully about how employees will be assessed and whether the criteria being used are fair, objective, and supported by evidence.
Once the proposal is ready, affected employees should be informed that their role is at risk and invited to consultation. They should understand what is being proposed, why it is happening, and what the process will involve.
The consultation stage then gives them the opportunity to respond. This is where employers should actively consider feedback, explore alternatives, review any issues around selection, and look at whether suitable alternative roles exist.
Only once consultation has been completed should final decisions be made.
If redundancy is confirmed, the next step is to deal with notice, payments, final communication, and any follow-on support needed.
In simple terms, the process usually looks like this:
- identify the business need
- decide which roles may be affected
- review selection pools and criteria
- invite employees to consultation
- hold consultation meetings and consider feedback
- explore alternatives to redundancy
- confirm final decisions
- manage notice, pay, and next steps
The process may look straightforward on paper, but the detail matters. Small mistakes around consultation, communication, or selection can create much bigger problems later on.
Individual and collective redundancy consultation
All redundancy situations should involve individual consultation with affected employees.
If only one employee is at risk, you still need to consult with them directly before making a final decision.
Collective consultation is different. This applies where larger numbers are involved and the legal threshold is met. In those situations, employers may need to consult with trade union representatives or elected employee representatives as part of the process.
That does not replace individual consultation. In many cases, both are needed.
Where collective consultation applies, the process becomes more formal. Employers need to make sure the right information is shared, the correct people are consulted, and the timescales are handled properly.
This is often the point where businesses benefit from advice, especially if the proposed redundancies are part of a wider restructure.
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Common mistakes employers should avoid
Most redundancy issues do not happen because employers lack a business reason. They happen because the process is handled poorly.
Some of the most common mistakes include rushing consultation, using weak selection criteria, or treating meetings as a formality rather than a real discussion.
It can also cause problems if alternative options are not properly considered. Consultation should not only focus on how redundancies will happen. It should also ask whether they can be avoided, reduced, or handled differently.
Poor communication is another risk. If employees are left unclear about what is happening or why, trust can break down quickly.
A few simple principles go a long way here:
- start early
- keep an open mind
- document decisions properly
- use fair and consistent criteria
- communicate clearly at every stage
How The HR Dept can help
Redundancy consultation can be difficult to manage, especially when managers are dealing with legal risk, commercial pressure, and sensitive employee conversations all at once.
That is where practical support makes a difference.
At The HR Dept, we help employers plan and manage redundancy consultation in a way that is clear, fair, and workable. We can support you from the earliest stages of the process, help you prepare for consultation meetings, and guide you through the steps needed to reduce risk and move forward confidently.
Our support can include help with:
- reviewing the proposed process
- identifying fair selection criteria
- preparing consultation letters and documents
- structuring meetings and manager guidance
- exploring alternatives to redundancy
- supporting individual or collective consultation
- keeping records and documentation clear
The aim is not just to help you follow a process. It is to help you handle a difficult situation properly, with the right balance of compliance, clarity, and care.
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Redundancy Consultation FAQ
When faced with making redundancies, it is crucially important that employers carry out these procedures fairly to make sure no claims are brought against them.
To do this, employers will usually form a number of selection pools that will help them to identify employees at risk of redundancy. While employers have a lot of freedom in choosing these pools, they need to be considered fair and reasonable.
When determining selection pools, employers should consider the extent to which employees are doing similar work, the extent to which employees’ jobs are interchangeable, and what type of work is ceasing or diminishing.
Employers can then use selection criteria to choose which employees to make redundant from these pools. This is usually based on factors such as performance, length of service and attendance and disciplinary records.
Employers cannot use selection criteria for redundancy based on an employee’s age, race, religion, disability or whether they are pregnant. This is illegal and would automatically be considered as unfair dismissal.
While there is no legally-binding time period before you can rehire for a redundant role, employers should wait at least six months to recruit into a role they have made redundant. If your business has taken the difficult decision to make a role redundant, it is usually because you cannot see your business situation changing in the foreseeable future. This period is widely accepted as being six months.
Employers are also more likely to find themselves at risk of an unfair dismissal claim if they rehire for the role they made redundant too soon. In this instance an employer will need to prove the original redundancy was genuine, unavoidable at the time and that the financial prospects of the business have changed significantly since then.
As an employer you must explain the business case and how the proposals could affect the individual employee’s role and what options are available to them.
You should let them know how the redundancy process will work, when the consultation period will end and when the proposed changes will likely affect their role. It is also important to let your employee know what support is available to them, such as help with their CV, training and financial advice.
This is also a chance for employees to ask questions and raise objections. Employees will likely want to know how selection pools have been identified, whether they have been fairly selected and whether their employer has considered alternatives to redundancy. It is your duty as an employer to address those questions and concerns.
Making one person redundant still requires a formal process. The same rules for consultation apply however there is no strict timetable.
As an employer you will need to prove the redundancy is genuine and that you are not using redundancy as an excuse to dismiss an unwanted or underperforming employee.
Preparation and planning are key to the consultation process. You will need to be able to explain in depth the business case for making redundancies and be able to answer important questions such as why? why now? what is the business hoping to achieve by making redundancies and what alternatives have been considered?
You will also need to know how you will decide the criteria for selecting employees for redundancy, how long the decision will take, and have a clear idea of the kinds of skills and experience your business needs for the future.
It is the stage where employers discuss proposed redundancies with affected employees before any final decision is made. That includes explaining the proposal, inviting feedback, considering alternatives, and deciding on next steps.
While there is no time limit for the redundancy consultation to take place, there are legal requirements with regard to the minimum time allowed between when the process begins and when the first dismissal takes place. If you are making between 20 and 99 redundancies, the consultation needs to begin at least 30 days before the first dismissal takes place. If you are making more than 100 redundancies, the consultation must begin 45 days before any dismissals take effect. There is no minimum consultation period for businesses making fewer than 20 redundancies.
Consider the logistics of the redundancy consultation if staff are working remotely. For example, is adequate support available to protect their well-being?
Start consulting in good time with all the affected employees (and if there is trade union recognition in place, consult the trade union representatives) If over 20 twenty staff are at risk, consult with their elected representatives/trade union representatives and listen to their ideas and suggestions. AN HR 1 form must be completed as well.
Always remember it is the job that is being made redundant not the person but for the individual it is their livelihood. So give as much information as you can and listen to their concerns.
Consulting about proposed redundancies must start as early as possible before final decisions are made. The minimum redundancy consultation period depends on the number of staff involved. For example, if 20 to 99 employees are at risk, there is a 30-day consultation period before the first notice can be given. It is important to keep this timeframe in mind with the job retention scheme closing at the end of October.
Our outplacement package can help employers to support those that they are making redundant by offering crucial advice with their next career move. This can be invaluable given the current climate and includes services such as interview skills, CV screening and career coaching.
Once the redundancy consultation process is over, keep remaining staff motivated by informing them that you intend to keep them in your employment. Team building activities can help to avoid survivor guilt amongst those who are still working for your business.
Every business situation is different. You really need objective, business focused advice to help navigate the rules of the redundancy process correctly.
If fewer than 20 employees are affected, there is no fixed minimum period, but consultation still needs to be meaningful and fair. If larger-scale rules apply, minimum consultation periods may apply depending on the number of proposed redundancies.
The employer explains the proposal, outlines why the role is at risk, answers questions, and gives the employee the chance to respond. It should be a genuine discussion, not just a final confirmation.
Yes. Even where only one employee is affected, individual consultation should still take place before a final redundancy decision is made.
No. Consultation does not have to end in agreement, but it does need to be genuine. Employers should be able to show they listened to feedback and properly considered it before reaching a final decision.
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