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Legal Rights

Your Rights During Consultation

The law forces employers to talk to you before firing you. Here is what that conversation must look like.

Redundancy isn't just about the final decision; it's about the process. If your employer skips the "consultation" phase, your dismissal could be unfair, and you could be owed extra compensation.

Collective vs. Individual Consultation

The rules change depending on how many people are losing their jobs at one establishment.

Under 20 Employees

Being made redundant?

  • Rules: No fixed statutory time limit.
  • Reasonable: The process must still be "reasonable".
  • Requirement: They must meet you individually to discuss why you were selected and consider alternatives.
Key Limit

20+ Employees

"Collective Redundancy"

  • 20-99 people: Consultation must start at least 30 days before the first dismissal.
  • 100+ people: Consultation must start at least 45 days before the first dismissal.

What Must Be Discussed?

Consultation cannot be a "sham" or a tick-box exercise. It must be meaningful. Typically, this involves:

  1. Ways to avoid redundancy: Can they cut costs elsewhere? Can they ban overtime?
  2. Selection criteria: Why you? Was the scoring matrix fair? (e.g. LIFO, skills matrix, disciplinary record).
  3. Alternative employment: Are there other roles in the business?

Important Warning

The "Protective Award"

If your employer (making 20+ redundancies) fails to consult properly, an Employment Tribunal can order them to pay you up to 90 days' gross pay. This is called a Protective Award. It is separate from your redundancy pay.

Individual Meetings

Even if they do a collective consultation with union reps, they must eventually speak to you personally. In this meeting:

  • You should be allowed to bring a colleague or trade union rep.
  • They should explain your redundancy package numbers.
  • You should ask for your "scores" if a selection matrix was used. Challenge them if they are wrong.

When Consultation Ends

Once the consultation period (30 or 45 days, or "reasonable" period) is over, they can issue you with your formal notice of dismissal.

Note: They cannot give you notice during the protective period unless the consultation has genuinely finished early by agreement. If they give you notice too early, it counts towards the consultation period timeline.

Disclaimer: This page provides general guidance on UK employment law (Employment Rights Act 1996) as of 2026. It does not constitute legal advice. If you believe your rights have been breached, contact ACAS or a solicitor.