This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to trade union roles in redundancy consultation in England and Wales, covering collective consultation duties, statutory requirements, timing, rights of union representatives, protective awards, and practical steps for effective redundancy negotiation and legal compliance.
Redundancy consultation is a legal requirement in most redundancy situations, particularly when large numbers of employees are affected. Trade unions play a central role in ensuring that consultation is meaningful, employees' interests are represented and employers comply with statutory duties. This article explains how trade unions are involved in redundancy consultation under UK law, the processes employers must follow, the rights of union representatives, time limits, potential legal risks, and practical guidance for both employees and employers.
Legal Framework for Redundancy Consultation
In England and Wales, redundancy consultation duties are governed by employment law and specific statutes:
- The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), particularly section 188, which imposes duties to consult with representatives when collective redundancies are proposed.
- The Employment Rights Act 1996, which underpins individual consultation and dismissal fairness principles. Employers must also consider the Acas guidance on collective consultation.
Trade unions, where recognised, are the primary representatives with whom employers must consult in collective redundancy situations.
What Is Consultation and When Is It Required?
Individual vs Collective Consultation
Consultation has two related but distinct forms:
Individual consultation requires employers to discuss redundancy with each affected employee about why it is occurring, how selection is being applied, and possible alternatives.
Collective consultation arises where an employer proposes to dismiss 20 or more employees as redundant at one establishment within 90 days or less. In that scenario, the employer must consult representatives about the proposals, not just each individual.
“Employees proposed to be dismissed as redundant” includes those at risk of dismissal by reason of redundancy; voluntary redundancies and employees offered alternative roles still count toward the total for consultation thresholds.
The collective consultation duty is forward‑looking: it depends on the employer's proposals at the relevant time, not a retrospective count. Only redundancies by the same employer count toward the threshold.
Role of Trade Unions in Redundancy Consultation
When a recognised trade union exists, employers must consult with its representatives. Trade unions represent employees' interests by:
- Receiving written information about the redundancy proposals (e.g., reasons, numbers affected, selection criteria).
- Discussing proposals with the employer at regular meetings.
- Communicating employer proposals and updates to union members.
- Gathering and presenting workers' views and suggestions to the employer.
- Proposing alternatives to redundancy and ways to reduce numbers or mitigate impact (e.g., redeployment, retraining).
Employers must consult trade union representatives in good time, meaning early enough that proposals can still be influenced, and before any dismissal notices are issued.
If no union is recognised, the employer must consult elected employee representatives chosen for the purpose of redundancy consultation, ensuring affected employees have a voice.
Statutory Requirements for Collective Consultation
Duty to Consult
Under TULRCA, a duty to consult arises where an employer proposes to dismiss 20 or more employees as redundant at one establishment within 90 days or less. Employers must consult with recognised trade unions or, where none exist, elected representatives.
Timescales
Minimum periods for collective consultation are:
- 30 days before the first dismissal where 20–99 redundancies are proposed.
- 45 days before the first dismissal where 100 or more redundancies are proposed.
These are statutory minimums; consultation can and often should begin earlier to allow meaningful discussion.
Required Information
Employers must provide representatives with statutory information in writing, including:
- The reasons for the proposed redundancies.
- The number and descriptions of affected employees.
- The total number of employees.
- Proposed selection procedures.
- Methods of carrying out redundancies and the timescale.
- Proposed redundancy pay arrangements if above statutory minimums.
- Numbers and roles of temporary agency workers where relevant.
Consultation should not be delayed simply because some information is unavailable; outstanding details must be provided promptly.
Content and Conduct of Consultation
Consultation must be meaningful and genuine, with a real opportunity to influence outcomes. Employers should hold regular meetings, be open about proposals, consider alternative suggestions, and discuss ways to avoid or minimise redundancies.
Trade union representatives have the right to reasonable paid time off to carry out consultation duties and training relevant to their role. These rights come from trade union duties under TULRCA and related employment relations legislation.
Failure to Consult and Legal Risks
If an employer fails to carry out collective consultation with recognised union representatives where required, representatives can apply to an employment tribunal for a protective award. Tribunals can award compensation when an employer's failure to consult breaches statutory duties.
Recent legal reforms under the Employment Rights Act 2025 are set to increase the maximum protective award from 90 days' pay per affected employee to 180 days' pay for failures in collective consultation, strengthening enforcement and employer accountability.
Failure to consult collectively may also strengthen individual employees' claims for unfair dismissal, alongside statutory redundancy or failure to follow a fair procedure.
Intersection with TUPE and Transfers
Trade union consultation rights also apply in the context of business transfers and redundancies linked to TUPE (Transfer of Undertakings) situations. Employers and incoming transferees should ensure union representatives are consulted appropriately where redundancies are planned after a transfer. The duties include early information sharing and consultation about planned measures.
Practical Steps for Employees
- Join or engage with a recognised union early if possible to ensure representation during redundancy consultation.
- Seek timely information about proposed redundancies and consultation meetings.
- Raise concerns or alternative proposals through union representatives.
- Ask for documented consultation outcomes and written responses to union suggestions.
- Consider Acas early conciliation if there is a perceived failure in consultation or procedural fairness.
Practical Steps for Employers
- Assess whether collective consultation is required based on proposed redundancy numbers and timeframes.
- Recognise and engage with trade unions or elect employee representatives where no trade union exists.
- Provide full statutory information in writing to representatives without undue delay.
- Plan consultation meetings, consider alternatives and document discussions and decisions.
- Respect representatives' rights to paid time off and access to facilities as needed.
- Notify the Secretary of State using form HR1 within statutory time limits.
Common Questions
Do employers always have to consult trade unions on redundancy?
If 20 or more redundancies are proposed at one establishment within 90 days, employers must consult trade union representatives or, if none are present, elected employee representatives. Employers should also consult individually with all affected employees.
Can consultation occur after redundancy decisions are made?
No. Statutory consultation must take place before making any redundancy decisions or issuing notice to dismiss, and in good time to influence outcomes.
What happens if an employer ignores trade union representatives?
Failure to consult trade union representatives where required can result in protective awards from employment tribunals and increase the risk of unfair dismissal claims. New law increases the potential protective award.
Key Takeaways
Trade unions play a crucial role in redundancy consultation in England and Wales. Employers proposing large‑scale redundancies must consult recognised unions or elected employee representatives collectively, in good time, with full statutory information, and in a genuine effort to minimise dismissals or their impact. Consultation must be meaningful, documented and conducted before decisions are finalised. Trade union representatives have rights to paid time off and engagement in the redundancy process. Failure to consult can lead to protective awards, enhanced compensation under new legislation and increased legal risk for employers. Both employees and employers benefit from understanding these consultation duties and preparing for them thoroughly.
