Redundancy Consultation Period For One Person In The UK

Needing to make a single role redundant can feel daunting, especially when you want to get the process right and treat your employee fairly.

The good news is that UK law gives you flexibility for one-person redundancies - but it also expects you to run a proper, meaningful individual consultation before making any final decisions.

In this guide, we’ll walk through what “individual consultation” actually involves, how long the consultation period should be in practice, and the steps to run a fair, legally compliant process that reduces the risk of claims.

What Counts As Redundancy And When Does Consultation Apply?

Redundancy is a legally defined reason for dismissal under the Employment Rights Act 1996. In short, it’s when you’re reducing headcount because:

• the business is closing,
• the workplace is closing, or
• the need for employees to do a particular kind of work has ceased or diminished.

If you’re proposing to remove a single role (for example, because technology has automated tasks or you’re restructuring), you’ll usually be looking at an individual redundancy rather than a collective one. That distinction matters for consultation.

Collective consultation rules under the Trade Union and Labour Relations (Consolidation) Act 1992 kick in when you’re proposing 20 or more redundancies at one establishment within 90 days. Below that threshold, the law doesn’t set a fixed minimum consultation period - but you still need to consult individually and fairly.

Even for one person, an unfair dismissal claim can arise if you don’t follow a reasonable process. That means planning a genuine consultation, considering alternatives, and documenting each step carefully. If you’re also weighing options like a settlement package, it helps to understand the difference between Severance vs Redundancy early on.

Is There A Set Redundancy Consultation Period For 1 Person?

No - there’s no statutory minimum consultation period for fewer than 20 proposed redundancies. However, the consultation must be “meaningful”. In practice, a meaningful individual consultation usually involves:

• At least two meetings (often three),
• A reasonable gap between meetings so the employee can respond (commonly a few days to a week), and
• Keeping an open mind until consultation concludes.

ACAS guidance (while not legislation) is widely used by tribunals as a benchmark for fairness. The key is that you genuinely consult before a final decision - not after. If you’ve already decided to dismiss and the meeting is just a formality, that’s a red flag.

As a rule of thumb for a one-person redundancy, many employers find that 1–2 weeks from the first consultation meeting to decision is reasonable, provided you allow time for the employee to consider the information, suggest alternatives, and ask questions. If there are complexities (e.g. selection from a pool, potential redeployment, or an employee on maternity leave), build in more time.

How To Run A Lawful Individual Consultation (Step-By-Step)

Here’s a clear, step-by-step process that small businesses can follow for one-person redundancies. Adjust the timing to suit your situation, but keep it fair, open and well-documented.

1) Prepare Your Business Case And Alternatives

• Define the genuine redundancy reason (e.g. restructure, cost savings, closure).
• Consider alternatives: reduced hours, job share, re-training, redeployment, recruitment freeze, or voluntary redundancy. Weigh up whether Voluntary vs Forced Redundancy is feasible in your circumstances.
• If there’s a selection pool (e.g. multiple people doing similar work), define objective selection criteria in advance and apply them consistently.
• Review the employee’s Employment Contract for notice, redundancy provisions, and any contractual policies.

2) Invite The Employee To A First Consultation Meeting

• Send a written invite explaining you’re proposing redundancy, why, and that no decision has been made.
• Provide relevant information you’ll rely on (org charts, scores if there’s a pool, outline of the restructure, financial rationale at a high level).
• Offer a companion - while the statutory right to be accompanied applies to disciplinary and grievance hearings, allowing a colleague or trade union representative is good practice.

3) Hold The First Meeting

• Explain the proposal and the reasons in plain English.
• Discuss the selection process and criteria (if applicable).
• Invite feedback, alternative ideas, and questions. Keep an open mind.
• Explain you’ll explore suitable alternative roles and welcome suggestions.
• Agree a reasonable timeframe for the employee to respond in writing after the meeting.

4) Follow Up In Writing And Explore Redeployment

• Send meeting notes and confirm the next steps and dates.
• Actively consider suitable alternative employment (including training where reasonable). Document roles considered and why they were or weren’t suitable.
• If selection scores are used, share and discuss them, giving the employee a chance to comment.

5) Second Consultation Meeting

• Review the employee’s feedback and any new proposals.
• Discuss redeployment options and outcomes of your search.
• If you’re still minded to proceed, indicate that and invite any final representations.

6) Decision And Outcome Meeting

• After a reasonable interval, hold a final meeting to confirm the decision and explain the reasons.
• Confirm notice arrangements (whether worked or paid in lieu), redundancy pay (if applicable), holiday pay, and return of property.
• Explain the right to appeal and provide a clear appeal window and process.

7) Confirm In Writing

• Send an outcome letter summarising the process, decision, notice, and sums due, including any Enhanced Redundancy Pay if you offer anything beyond the statutory minimum.
• Keep records of all meetings, correspondence and considerations. Good records are vital if your process is ever challenged.

What Information Should You Share With The Employee?

Meaningful consultation requires transparency. For a one-person redundancy, you should normally share:

• A clear explanation of the business rationale and proposed change,
• How the proposal affects their role and why it’s at risk,
• Any selection pool and criteria applied (plus scores and how they were reached),
• Details of any suitable alternative roles, training options, or adjustments considered, and
• A reasonable timeline for feedback and subsequent meetings.

Keep it proportionate: you don’t have to disclose commercially sensitive information, but do provide enough context so the employee can respond meaningfully. If data protection issues arise (for example, sharing anonymised scoring for a pool), take care to share only what’s necessary.

Finally, be consistent. If you provide particular information to others in a pool, provide equivalent information here too. Consistency helps demonstrate fairness.

Timing, Notice And Pay: What Are Your Obligations?

Once consultation concludes and the decision is made, you’ll need to handle notice, redundancy pay and final sums lawfully. The key obligations are:

Notice Periods

• Statutory minimum notice depends on length of service (one week after one month’s service up to two years, then one week per complete year of service up to 12 weeks).
• If the contract provides a longer period, the contractual notice applies.
• You can ask the employee to work their notice or pay in lieu of notice (PILON) if the contract allows. The letter should make this clear and explain payment timing.

Redundancy Pay

• Statutory redundancy pay applies if the employee has at least two years’ continuous service (calculated using age, length of service, and a weekly pay cap updated each year).
• You may also decide to offer an enhanced package for business or employee-relations reasons. If you do, document the terms clearly so it’s separate from statutory entitlements and consistent with any policy on Severance vs Redundancy.

Holiday Pay And Final Salary

• Pay for accrued but untaken statutory holiday must be included in the final payment.
• Ensure any deductions are lawful and permitted by contract. If in doubt, review the rules on Wage Deductions before processing payroll.

Time Off To Look For Work

• Employees with two or more years’ service are entitled to reasonable paid time off during notice to look for new work or arrange training (subject to statutory limits on paid time).

Appeal Process

• Offering an appeal isn’t strictly required by law for redundancy, but it’s widely considered good practice and supports the fairness of your process.
• Set a clear appeal window (for example, five working days) and confirm who will hear it - ideally someone not involved in the original decision.

Written Statement Of Reasons

• If the employee requests written reasons for dismissal and has at least two years’ service, you must provide them within 14 days. Provide a clear, factual summary consistent with your notes.

Common Pitfalls To Avoid (And How To Stay Compliant)

Most legal risk in one-person redundancies stems from process, not the rationale itself. Here are the frequent mistakes - and how to avoid them.

Deciding Too Early

Going into the first meeting with a fixed outcome undermines consultation. Use “proposal” language, genuinely consider alternatives, and be ready to change course if a viable option emerges. Keep an auditable paper trail of alternatives considered and why they were rejected.

Skipping The Selection Step Where There’s A Pool

If other employees do similar work, don’t target one person without considering a fair pool and objective criteria. Share criteria and scores and allow challenge. In borderline cases, seek early Redundancy Advice to reduce risk.

Insufficient Information For Meaningful Consultation

If you don’t share enough about the proposal and its rationale, the employee can’t respond meaningfully. Provide proportionate information and invite written representations between meetings.

Not Exploring Suitable Alternative Employment

You must actively consider redeployment, even if it means short training or adjustments. If a suitable role exists, offer it - and be prepared to explain why roles were or weren’t suitable. If you’re reshaping roles or changing terms, read up on changing employment contracts so you handle variations lawfully.

Overlooking Equality And Discrimination Risks

Redundancy selection and decisions must not be discriminatory under the Equality Act 2010. Avoid criteria that disadvantage protected groups (e.g. penalising disability-related absences). Adjust your process where reasonable for employees on maternity or long-term sick leave.

Rushing The Timeline

There’s no magic number of days, but cramming everything into 24–48 hours rarely looks fair. Space your meetings, allow time for representations, and give the employee a chance to suggest alternatives or put forward evidence.

Confusing Redundancy With Performance

Don’t use redundancy to mask capability or conduct issues. That requires a different route. If both factors are in play, get advice early and follow a fair capability process or consider alternatives like Ending an Employment Contract for other potentially fair reasons.

Inconsistent Or Missing Paperwork

Tribunals look closely at documentation. Keep copies of invite letters, meeting notes, scoring matrices, redeployment searches, outcome letters and calculations. Clear records can make all the difference if your process is challenged.

Not Aligning Payroll With Legal Entitlements

Make sure the final payment accurately covers statutory redundancy (if applicable), notice, PILON, holiday pay and any enhanced sum. If you offer an enhanced package, set it out separately from statutory entitlements and ensure it aligns with your policies on Enhanced Redundancy Pay.

Missing The Upside Of Alternatives

Sometimes a well-run consultation uncovers a workable alternative - a job share, a move into a vacancy, or a voluntary route that avoids a contested dismissal. Keeping an open mind can save time, cost and morale. If you’re weighing a voluntary option, revisit Voluntary vs Forced Redundancy to decide what fits your context.

Key Takeaways

• There’s no fixed statutory “redundancy consultation period for 1 person” in the UK - but your consultation must be genuine and meaningful before any final decision is made.
• Plan at least two consultation meetings with a reasonable gap, share enough information for the employee to respond, and actively consider alternatives and redeployment.
• If there’s a potential selection pool, set objective criteria and share scores so the employee can comment. Document everything.
• Handle outcomes carefully: follow notice rules, pay statutory redundancy where applicable, include holiday pay, and ensure any deductions are lawful.
• Offer an appeal and provide written reasons on request for employees with two years’ service. Keep your process consistent, non-discriminatory and well recorded.
• Where appropriate, consider voluntary options or enhanced terms to support a smoother transition, and align with your policies and contracts.
• If in doubt, get early guidance - a short conversation now often prevents costly disputes later.

If you’d like tailored help running a fair individual consultation, drafting outcome letters or sense‑checking your process, our team can help. You can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no‑obligations chat.