Individual consultation
Whatever the numbers, a fair redundancy normally includes consulting each person at risk, usually in one or more meetings. There's no fixed minimum time when fewer than 20 people are affected, but an employer that doesn't consult properly risks a finding of unfair dismissal.
Consultation should cover:
- why your job is at risk and what else was considered;
- the selection pool and criteria, and your own scores;
- other jobs you could do, and how a trial period would work;
- how your redundancy pay, notice and holiday pay are worked out;
- the timetable.
Collective consultation (20 or more people)
When an employer proposes 20 or more redundancies at one establishment within 90 days, it must consult elected employee representatives or a recognised trade union, and notify the Redundancy Payments Service (part of the Insolvency Service) on form HR1.
- 20 to 99 redundancies: consultation must start at least 30 days before the first dismissal.
- 100 or more: at least 45 days before the first dismissal.
If an employer fails to consult collectively, a tribunal can make a protective award. For dismissals taking effect on or after 6 April 2026 it can be up to 180 days' pay for each person affected (it was 90 days).
Selection pools and criteria
Where some people in a group are being made redundant and others aren't, the employer should define a fair pool (usually people doing similar or interchangeable work) and score everyone in it against objective criteria, such as skills, qualifications, performance records or disciplinary records.
Criteria that rely only on a manager's opinion, or that penalise absence linked to pregnancy, maternity or a disability, are a warning sign. Ask to see your own scores and the evidence.
Bringing someone with you
The legal right to be accompanied applies to disciplinary and grievance meetings, not to consultation meetings. Many employers allow a colleague or union representative anyway, and your contract or policy may give you the right. It's always worth asking.
How to use your consultation
- Ask your questions in writing before the meeting, and take a copy with you.
- Make notes of what's said, with the date.
- Suggest alternatives if you have ideas: reduced hours, a different role, voluntary redundancy.
- Register your interest in any vacancy straight away.