Redundancy consultation

An employer has a legal obligation to consult over collective redundancies if it proposes to dismiss as redundant 20 or more employees at one establishment within a 90-day period. This law is set out in Chapter II (section 188 onwards) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). In Northern Ireland the same rules are contained in Part XIII of the Employment Rights (Northern Ireland) Order 1996 (article 216 onwards).

The TULRCA provisions on collective redundancies do not apply to Crown employees (those working for a government department or carrying out its functions). However, civil servants have consultation rights under their civil service redundancy policy.

Even if there is no statutory duty to consult over collective redundancies because fewer than 20 employees are affected, the employer must still consult with any individuals who are at risk of redundancy. A failure to consult an individual at risk of redundancy can make the dismissal unfair.