Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Does “Redundancy Consultation” Actually Mean?
How Long Is Redundancy Consultation If You’re Making 20+ Redundancies? (Collective Consultation)
- The Minimum Consultation Period (30 Days Or 45 Days)
- Important Detail: The Clock Runs Until The First Dismissal Takes Effect
- You May Also Need To Notify The Government (HR1)
- Do You Also Need Individual Consultation In Collective Redundancy?
- Employee Representatives: How They’re Chosen (And Why It Matters)
- Key Takeaways
If you’re running a small business, redundancy can be one of the hardest decisions you’ll make. You’re trying to protect the business, keep things fair for your team, and avoid ending up in a dispute later because the process wasn’t handled properly.
One of the most common questions we hear is: how long does redundancy consultation take in the UK?
The frustrating part is that there isn’t one single “redundancy consultation period” that applies to every scenario. The legal minimum depends on whether you’re making a collective redundancy (20+ redundancies) or an individual redundancy (under 20 redundancies).
Below, we’ll break down the minimum consultation period rules, what “meaningful consultation” should look like in practice, and how to plan your timeline so you can move forward confidently while staying compliant.
What Does “Redundancy Consultation” Actually Mean?
Redundancy consultation is the process of talking with affected employees (and sometimes employee representatives) about proposed redundancies before you make final decisions.
Done properly, consultation is not a box-ticking exercise. It’s meant to be a genuine discussion about:
- why redundancies are being proposed;
- who may be affected (selection pools and selection criteria);
- ways to avoid redundancies (for example, recruitment freezes, reducing overtime, cutting contractors, job sharing, reduced hours);
- ways to reduce the number of redundancies (for example, voluntary redundancy);
- ways to reduce the impact (for example, redeployment, suitable alternative roles, training); and
- the timing of any dismissals and what support is available.
For small businesses, the biggest risk is often moving too quickly (or appearing to have already made up your mind). If an employee later argues the consultation wasn’t genuine, you could face an unfair dismissal claim (depending on eligibility) and/or other liabilities.
It’s also worth making sure your paperwork lines up with the process you’re running (your Employment Contract and policies should support what you do in practice).
How Long Is Redundancy Consultation If You’re Making 20+ Redundancies? (Collective Consultation)
If you’re proposing to dismiss 20 or more employees as redundant at one “establishment” within a period of 90 days or less, you’re in collective redundancy territory.
This is where the law sets clearer minimum timeframes for the consultation process.
The Minimum Consultation Period (30 Days Or 45 Days)
In a collective redundancy situation, consultation must begin in good time and must start at least:
- 30 days before the first dismissal takes effect, if you are proposing 20–99 redundancies; or
- 45 days before the first dismissal takes effect, if you are proposing 100+ redundancies.
That “45 day consultation period” is the one employers often hear about, but it only applies when you reach the 100+ threshold.
These collective consultation rules mainly come from the Trade Union and Labour Relations (Consolidation) Act 1992 (often referred to as “TULRCA”).
Important Detail: The Clock Runs Until The First Dismissal Takes Effect
One common pitfall is assuming the minimum consultation period ends when you issue redundancy notices. In fact, the legislation is focused on when the first dismissal takes effect (i.e. the termination date).
So if you’re working backwards from a desired termination date, you’ll want to allow enough time for:
- electing employee reps (if needed);
- running consultation meetings;
- scoring/selection and discussing provisional outcomes;
- considering alternatives and redeployment;
- final meetings and issuing notice;
- the employee’s contractual/statutory notice period.
This is why planning the timeline early matters. If your notice periods are longer, you may need to start even earlier (and it helps to understand your redundancy notice obligations too, including statutory and contractual notice: Notice Period).
You May Also Need To Notify The Government (HR1)
In collective redundancy situations, employers usually also need to notify the Secretary of State using a form HR1, within the relevant statutory time limits (which are linked to whether you fall into the 30-day or 45-day category). Failing to submit HR1 can be a criminal offence, so it’s worth factoring this into your planning.
Do You Also Need Individual Consultation In Collective Redundancy?
Yes-collective consultation doesn’t replace individual consultation.
Even if you meet your collective obligations (consulting with recognised trade unions or elected employee representatives), you should still consult individually with each affected employee about their circumstances, their score, and any alternatives to redundancy for them personally.
If you’re unsure how to structure all of this so it’s manageable for a small business, getting Redundancy Advice early can save a lot of stress later.
Employee Representatives: How They’re Chosen (And Why It Matters)
If there is no recognised trade union, you’ll usually need to consult with employee representatives who are elected by the affected employees. You’ll need to allow time to run the election fairly and ensure the reps have the right information to consult meaningfully.
If collective consultation isn’t carried out properly, affected employees may be able to claim a protective award (which can be up to 90 days’ gross pay per affected employee).
How Long Is Redundancy Consultation If You’re Making Fewer Than 20 Redundancies? (Individual Consultation)
If you’re proposing fewer than 20 redundancies in a 90-day period at one establishment, the law doesn’t set a strict number of days for the consultation period in the same way it does for collective redundancy.
That doesn’t mean you can skip consultation (or do it in a single quick meeting). Instead, the key legal requirement is that consultation is meaningful and happens before you make the final decision to dismiss.
So, What Is The Consultation Period For Redundancy In Individual Cases?
In individual redundancies, there is no set statutory minimum consultation period like “30 days” or “45 days”.
Practically, though, you should allow enough time to:
- explain the business rationale and the proposed changes;
- consult on the selection pool and scoring criteria (if relevant);
- share and discuss the employee’s provisional selection outcome;
- consider their feedback and any alternatives they raise;
- check for suitable alternative roles;
- hold a final meeting once you’ve genuinely considered options.
For many small businesses, this often takes at least 1–2 weeks from “at risk” to a final decision, but this is not a statutory minimum and it can be shorter or longer depending on the circumstances and what meaningful consultation requires.
The main thing to avoid is giving the impression that the decision is already made and the meetings are just for show.
Meaningful Consultation Usually Takes More Than One Meeting
To keep the process fair (and to protect your business), individual redundancy consultation is often run across multiple stages, for example:
- Meeting 1 (At Risk): explain the situation, confirm redundancy is proposed, invite feedback and suggestions.
- Meeting 2 (Selection/Alternatives): discuss scoring, selection pool, alternatives, and any suitable vacancies.
- Meeting 3 (Outcome): confirm decision (if redundancy proceeds), explain notice, redundancy pay, appeal rights.
It can be overwhelming to juggle all of this when you’re also trying to keep the business running. Clear internal processes help (for example, your Staff Handbook should align with how you manage performance, conduct, and exits generally).
What Else Affects The Redundancy Consultation Timeline?
Even when you know the minimum consultation period, the real-world timing can still vary. Here are the factors that commonly extend (or complicate) a redundancy consultation in the UK.
1) Choosing The Selection Pool And Criteria
If you’re selecting from a group (rather than removing a whole role or function), you’ll need to think carefully about:
- who is in the “pool” for selection (who does similar work);
- what criteria you’ll score against (skills, qualifications, performance, disciplinary record, attendance, etc.); and
- whether the criteria could indirectly discriminate against protected groups.
This is one of the areas where employers can unintentionally create legal risk if the process feels inconsistent or poorly documented.
Many businesses use a scoring matrix to support a fair selection process, but it needs to be fit-for-purpose and applied consistently: Redundancy Scoring Matrix.
2) Considering Suitable Alternative Employment
A big part of consultation is exploring whether there are alternatives to redundancy, including redeployment into other roles.
If you have vacancies (or could reasonably create a vacancy), you’ll want to consider whether any are “suitable alternative employment” and discuss them with affected employees during consultation.
This step can take time, particularly if:
- your business has multiple sites or teams;
- roles are changing quickly;
- you need to run interviews or skills assessments; or
- training is required for an employee to transition.
3) TUPE Or Business Changes Happening At The Same Time
Redundancies sometimes happen alongside restructures, outsourcing, or business sales. If there is (or might be) a transfer of employees under TUPE, the legal position can change significantly.
If TUPE is in the mix, you’ll want to slow down and check the detail before starting redundancy steps, because dismissals connected to a TUPE transfer can be automatically unfair unless strict conditions are met. It’s often sensible to sanity-check the bigger picture against a TUPE Transfer Checklist.
4) Notice Periods And Contract Terms
Your consultation timeline needs to connect with the employee’s:
- statutory notice entitlement;
- contractual notice period (which may be longer); and
- any relevant redundancy or consultation process described in the contract/policies.
That’s one reason it’s important your Employment Contract terms are clear and consistent across your team-especially as you grow.
A Practical Timeline: How To Plan Redundancy Consultation Without Missing The Minimum Period
If you’re trying to work out how long redundancy consultation should take in practice, it helps to plan backwards from your “ideal” end date.
Here’s a simplified way to think about it.
Step 1: Confirm Whether It’s Collective Or Individual
- If it’s 20+ redundancies (within 90 days at one establishment): minimum consultation is 30 days (20–99) or 45 days (100+).
- If it’s under 20: no fixed minimum, but consultation must be meaningful and fair.
Step 2: Build In Time For Prep (Don’t Skip This)
Before you speak to staff, you should usually have a clear written plan covering:
- the business rationale (costs, restructure, loss of work, closure, etc.);
- which roles are at risk and why;
- selection pools and scoring approach;
- potential alternatives and redeployment options;
- a draft timetable for consultation and notice.
Good preparation makes consultation faster and smoother-because you can answer questions clearly and avoid changing the story mid-process.
Step 3: Allow Enough Time For Genuine Discussions
Even in small teams, people need time to absorb information, ask questions, and come back with suggestions. Consultation that is rushed can look predetermined, which is where disputes often start.
A common (practical) approach for individual redundancies is to allow at least:
- a few days between meetings, so employees can consider proposals and respond; and
- at least two meetings before any final decision (often three).
Step 4: Document Everything
Notes matter. Invitation letters, meeting notes, scoring sheets, copies of vacancy lists, and written outcomes can all become important if your process is challenged later.
This doesn’t need to be over-engineered, but it does need to be consistent.
Key Takeaways
- If you’re wondering how long redundancy consultation lasts, the answer depends on whether you’re making a collective redundancy (20+ redundancies) or an individual redundancy (under 20).
- For collective redundancies, the minimum consultation period is typically 30 days (20–99 redundancies) or 45 days (100+ redundancies) before the first dismissal takes effect.
- For collective redundancies, you’ll usually also need to notify the Secretary of State via an HR1 form and consult with a recognised trade union or elected employee representatives (as well as consulting individually).
- For individual redundancies, there is no fixed statutory minimum consultation period, but consultation must be genuine, fair, and completed before final decisions are made.
- Consultation should cover the reasons for redundancy, who is affected, the selection process, and alternatives (including suitable alternative roles and redeployment).
- Your timeline should account for practical realities like selection scoring, redeployment checks, and employee notice periods.
- Clear documentation and a consistent process reduce the risk of disputes and help show the consultation was meaningful (and in collective cases, non-compliance can lead to protective awards).
If you’d like help planning a redundancy process or sense-checking your consultation timeline, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


