Collective consultation roadmap | Your guide to successful collective consultation processes
Your guide to fair, defensible collective consultation
The rising cost of getting collective redundancy wrong
One in three employers say they’re likely to make redundancies by January 2027 (Acas), and HR1 notifications covered 168,453 potential redundancies in the first half of 2026, up 9.4% on the same period last year. More HR teams are facing collective consultation, and the Employment Rights Act has raised the cost of getting it wrong.
A protective award of up to 180 days’ gross pay per affected employee can now be made where collective consultation obligations aren’t met, double the previous maximum. Employees and their representatives also have AI tools to test your rationale, selection scores and consultation records, so your process has to be well documented and consistent as well as compliant.
Our Collective Consultation Roadmap shows you what a fair process looks like from start to finish, and where employers most often come unstuck.
Inside the roadmap
Do you need to consult collectively?
A quick decision guide, and the situations where you’ll want advice before you decide.
How long will it really take?
A day-by-day view of the process, so you can test your project plan before you commit to it.
Where do employers come unstuck?
Six pitfalls that put consultation, timelines and directors at risk, and what to do about them.
What happens once consultation ends?
How to support the people leaving, and the people staying.
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FAQs
Collective consultation applies where an employer proposes to dismiss 20 or more employees as redundant at one establishment within a period of 90 days or less. Whether employees are assigned to one establishment can be fact-sensitive, so take advice if the proposal spans several sites, departments or group companies. Below the threshold you still need a fair individual redundancy process. The Employment Rights Act 2025 also introduces a second trigger based on redundancies across an organisation, but the threshold for that is still to be set by regulations.
Consultation must begin at least 30 days before the first dismissal takes effect where 20 to 99 redundancies are proposed, and at least 45 days where 100 or more are proposed. These are minimums, not targets. Consultation has to be genuine, so a more complex proposal may need longer, and notices of dismissal shouldn’t be issued until it has concluded.
Employers must give the employee representatives written information covering the reasons for the proposals, the numbers and descriptions of employees affected and the total employed, how employees will be selected, how and when dismissals will be carried out, and how any non-statutory redundancy payments will be calculated. Consultation must cover ways of avoiding dismissals, reducing the numbers affected and mitigating the consequences, with a view to reaching agreement. Employers must also submit an HR1 form to the Secretary of State within the same timescales, and failing to do so is a criminal offence.
Employees have the right to be represented, either by a recognised trade union or by elected employee representatives, who must receive the information above and be consulted in good faith. If an employer doesn’t meet its obligations, a tribunal can award a protective award of up to 180 days’ gross pay per affected employee. Collective consultation doesn’t replace individual rights, so affected employees will usually also be entitled to individual consultation, notice and consideration of suitable alternative employment.
Start planning before the proposal is announced, allow enough time to consult meaningfully, and keep clear records of your rationale, selection decisions and how you responded to feedback. Consider redeployment from the outset, and think about how you will support the people affected. Our Collective Consultation Roadmap sets out the stages and the pitfalls to avoid.
Our group employment lawyers can advise on whether collective consultation applies, help you plan the timeline, and support you through each stage, from HR1 notification to selection and consultation meetings. Their input also helps you build the consistency and audit trail you need to defend your decisions if they’re challenged. Speak to an expert.