When an employer proposes to make 20 or more employees redundant at one establishment within any 90-day period, collective redundancy consultation is required under the Trade Union and Labour Relations (Consolidation) Act 1992, section 188. The minimum consultation period is 30 days (for 20–99 redundancies) or 45 days (for 100 or more). From 6 April 2026, the maximum protective award for failure to consult rose from 90 to 180 days' gross pay per affected employee under the Employment Rights Act 2025. The employer must also notify the Redundancy Payments Service via form HR1. Updated June 2026.
Source: Trade Union and Labour Relations (Consolidation) Act 1992, s.188–198 (as amended by Employment Rights Act 2025); acas.org.uk/redundancy.
What the law says
The collective redundancy consultation obligation is set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), sections 188–198. The Employment Rights Act 2025 amended TULRCA to double the maximum protective award from 90 to 180 days.
Collective consultation is triggered by a proposal to make 20 or more redundancies — the obligation to consult begins as soon as the employer is contemplating redundancies in sufficient numbers, before any decisions are finalised. Source: gov.uk/redundancy-your-rights/collective-redundancies.
When collective consultation is triggered
The threshold is:
- 20 or more proposed redundancy dismissals (not voluntary redundancies unless the employer proposes more than that number)
- At one establishment (the "establishment" question is determined factually — in most cases it means one workplace location)
- Within any period of 90 days
If these conditions are met, collective consultation is mandatory — there is no discretion. The employer cannot avoid the obligation by staging redundancies across two separate 90-day windows unless there is a genuine break between separate redundancy exercises. Source: TULRCA 1992, s.188; acas.org.uk/redundancy.
The minimum consultation periods
| Scale of redundancies | Minimum consultation period |
|---|---|
| 20 to 99 redundancies | 30 days before first dismissal |
| 100 or more redundancies | 45 days before first dismissal |
The consultation period is a minimum, not a target. Meaningful consultation requires genuine engagement with representatives — sharing information, listening to proposals, and genuinely considering alternatives to redundancy or ways of mitigating its effects. A consultation that runs for the minimum period but is not genuine may still be found to be a breach.
Source: TULRCA 1992, s.188(1A); acas.org.uk/redundancy.
What information must be disclosed
The employer must disclose in writing to employee representatives:
- The reasons for the proposed redundancies.
- The numbers and descriptions of employees it is proposed to dismiss.
- The total number of employees of each description at the establishment.
- The proposed selection method.
- The procedure for carrying out the dismissals, including the period over which they are to be effected.
- The method for calculating redundancy payments, other than statutory minimum.
This information must be given in good time for representatives to study it before consultation begins. Source: TULRCA 1992, s.188(4); acas.org.uk/redundancy.
HR1: notification to the Redundancy Payments Service
Before the first dismissal takes effect, the employer must notify the Redundancy Payments Service using form HR1:
- 100 or more redundancies: Notify at least 45 days before the first dismissal.
- 20 to 99 redundancies: Notify at least 30 days before the first dismissal.
The HR1 form is submitted online through the government's Redundancy Payments Service portal. Failure to notify is a criminal offence under TULRCA 1992, s.194 — the employer and any responsible officers of the company can be prosecuted. Source: TULRCA 1992, s.193–194; gov.uk/redundancy-your-rights/collective-redundancies.
The protective award: up to 180 days from April 2026
If an employer fails to comply with collective consultation requirements, each affected employee can bring an employment tribunal claim for a protective award.
Before 6 April 2026: The maximum protective award was 90 days' gross pay per employee.
From 6 April 2026: The Employment Rights Act 2025 doubled the maximum to 180 days' gross pay per employee.
The tribunal exercises discretion in setting the award, based on the seriousness of the employer's default:
- An employer that completely ignores the consultation duty is likely to face the maximum award.
- An employer that makes procedural errors but engaged in good-faith efforts at consultation may receive a lower award.
The protective award is in addition to, not instead of, statutory redundancy pay or any unfair dismissal award. Source: TULRCA 1992, s.188–190 (as amended by ERA 2025); acas.org.uk/redundancy.
TUPE and collective redundancy
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees when a business or part of a business is transferred to a new employer. TUPE and collective redundancy can overlap in several ways:
TUPE automatically unfair dismissal: Any dismissal that is solely or principally because of a TUPE transfer is automatically unfair under TUPE Regulations 2006, regulation 7. This applies before and after the transfer date.
Economic, technical or organisational reasons (ETO): If the dismissal is for an economic, technical or organisational reason entailing changes in the workforce, it may not be automatically unfair — but the employer must still follow a fair redundancy process and meet collective consultation obligations if the numbers warrant it.
Parallel consultation obligations: On a TUPE transfer, the transferor and transferee each have separate information and consultation obligations under TUPE reg.13. If the redundancies also meet the TULRCA threshold (20 or more), collective consultation under TULRCA s.188 runs in parallel.
For employees facing redundancy in a business transfer, it is important to understand both sets of rights. Contact ACAS for specific advice.
Individual consultation still required
Collective consultation does not replace individual consultation. Every employee at risk of redundancy must still be consulted individually — given a genuine opportunity to put their case, propose alternatives, and be informed of the outcome before a final decision is made.
The two obligations run together: collective consultation with representatives covers the overall process; individual consultation focuses on each employee's specific situation and the offer of suitable alternative employment. Source: Employment Rights Act 1996, s.98; acas.org.uk/redundancy.
Calculate your redundancy entitlement
Use the free statutory redundancy pay calculator to calculate the statutory minimum redundancy payment. For individual redundancy rights, see the redundancy process guide.
Frequently asked questions
See the FAQ below. For collective redundancy situations, contact ACAS or call the ACAS helpline on 0300 123 1100.
Back to redundancy rights.