UKMy employer didn't consult before making 30 people redundant. Is this required?
Yes, your employer must consult before making 30 or more people redundant at one establishment within a 90-day period — this is a legal requirement under UK law.
What the Law Says
UK law requires employers to conduct collective consultation when proposing to dismiss as redundant 20 or more employees at one establishment within a 90-day period. The rules are set out in the Trade Union and Labour Relations (Consolidation) Act 1992.
Collective consultation is mandatory if an employer proposes to dismiss 20 or more employees as redundant at one establishment within a 90-day period. This applies regardless of whether the redundancies happen all at once or in stages over that timeframe.
The employer must begin consultation 'in good time' — meaning before any final decisions are made. For 20–99 proposed redundancies, consultation must start at least 30 days before the first dismissal takes effect. For 100 or more, it must start at least 45 days before.
Consultation must be with appropriate employee representatives — either trade union representatives (if recognised) or elected employee representatives. Employers must also provide specific information in writing, including the reasons for the redundancies, numbers and descriptions of affected employees, and the proposed method of selection and redundancy payments.
Statutory TextWhere an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall… begin consultations with… employee representatives… in good time and, in any event, not less than 30 days before the first dismissal takes effect where the number of redundancies proposed is between 20 and 99; and not less than 45 days before the first dismissal takes effect where the number of redundancies proposed is 100 or more.
— Trade Union and Labour Relations (Consolidation) Act 1992, s. 188(1) — Duty to consult representatives
What Courts Have Said
Employment Tribunals and higher courts have consistently held that failure to consult collectively renders dismissals automatically unfair and may trigger substantial protective awards.
The Court confirmed that 'establishment' means the local unit to which employees are assigned, not the whole business — so redundancies across multiple sites must be assessed separately unless they form a single operational unit.
The Court ruled that consultation must begin before the decision to make redundancies is finalised — consulting only after the decision is made does not satisfy the statutory duty.
What to Do
Check whether your employer consulted with representatives before finalising redundancy decisions — informal chats or individual meetings do not count as proper collective consultation.
If no meaningful consultation occurred, you (or your representative) can file a claim with an Employment Tribunal within three months less one day of the effective date of dismissal.
The Tribunal may award a 'protective award' — compensation of up to 90 days’ gross pay per affected employee — if it finds the employer failed without good reason to comply with the consultation duty.
You do not need to have two years’ service to bring a claim for failure to consult collectively — this protection applies from day one of employment.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.