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Rule · TULRCA 1992 s.188

Collective consultation

If an employer proposes to make 20 or more employees redundant at one establishment within 90 days, the duty to consult collectively kicks in. Below 20, only individual consultation is required.
Pending reform
The Employment Rights Bill 2024-25 includes a proposal to extend the protective-award cap to 180 days. As of 23 June 2026 the cap remains 90 days. Verify against TULRCA 1992 s.188-189 before relying on either figure.

The thresholds

  • 20 to 99 redundancies in 90 days: minimum 30 days' consultation
  • 100 or more redundancies in 90 days: minimum 45 days' consultation
  • Counting unit: per establishment (USDAW v Ethel Austin, ECJ post-2015)

The duty arises when the employer is "proposing" redundancies, which is earlier than the formal at-risk notification. Source: TULRCA 1992 s.188.

Who must be consulted

Recognised trade unions, if any. Otherwise elected employee representatives. The employer must provide statutory information (s.188(4)): numbers, reasons, selection criteria, calculation of redundancy payments, etc. The HR1 form must also be filed with the Insolvency Service.

Protective award for breach

If the employer fails to comply, affected employees can claim a protective award up to 90 days' gross pay (uncapped weekly pay for protective-award purposes, separately from the s.227 redundancy cap). The tribunal sets the period punitively, not compensatorily. ACAS guidance: manage collective redundancies.

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30-day consultation45-day consultationAt-risk letter receivedClaim time limitsUnfair selection
Reviewed by Oliver Wakefield-Smith, Founder of Digital Signet. Last verified 23 June 2026. Inline citations link to primary statute at legislation.gov.uk.