Collective redundancy rights — consultation rules and what you're owed

Mass redundancies come with powerful procedural safeguards that most employees don't know about. A protective award — up to 180 days' gross pay per person — can be claimed at the Employment Tribunal with no qualifying period, solely because the employer failed to consult properly.

Made redundant in a group? Check if the collective rules were followed

Know your collective redundancy rights

What is collective redundancy?

Collective redundancy occurs when an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. Strict information and consultation rules apply under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

How long must the collective consultation period last?

At least 30 days before the first dismissal takes effect for 20–99 redundancies. At least 45 days for 100 or more redundancies at one establishment. These periods cannot be cut short even by agreement.

What happens if my employer skips collective consultation?

The Employment Tribunal can make a "protective award" of up to 180 days' gross pay per affected employee. There is no two-year service requirement for a protective award claim — it can be brought from day one.

Does collective consultation replace individual consultation?

No. Collective consultation with representatives runs alongside individual consultation with each affected employee. Employers must do both.

What is an HR1 form?

Employers must notify the Secretary of State (via HMRC) using form HR1 before the start of collective consultation — at least 30 or 45 days (depending on numbers) before any dismissals. Failure to notify is a criminal offence with an unlimited fine.

Collective Redundancy

Collective redundancy rights — consultation rules and what you're owed

Last updated: April 2026

Minimum consultation for 20–99 redundancies

Minimum consultation for 100 or more redundancies

Maximum protective award per employee for breach

What collective redundancy obligations mean in practice

The legal framework is section 188 of TULRCA 1992, as amended.

When 20 or more dismissals are proposed at one establishment within 90 days, the employer must:

The protective award — what you can claim

If an employer fails to comply with the collective consultation requirements, the Employment Tribunal can make a

. This is a payment of up to 180 days' gross pay per affected employee.

No qualifying period for protective award claims

Unlike unfair dismissal, you do not need two years' service to claim a protective award. A day-one employee is entitled to the same protection. Claims can be brought by employee representatives on behalf of a group, or individually.

The 180-day maximum is not a tariff — the tribunal sets the award based on the seriousness of the breach. In practice, total non-compliance with no consultation whatsoever typically attracts the full 180 days. Partial compliance may result in a lesser award. The cap was doubled from 90 to 180 days by the Employment Rights Act 2025, in force from 6 April 2026.

The time limit for protective award claims is 3 months less one day from the last day of the protected period. As with other ET claims, ACAS Early Conciliation must be started first.

Collective redundancy questions answered

The protective award — and how to claim it

If your employer dismissed you without complying with the collective consultation duty, you may be entitled to a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. This is one of the few employment tribunal claims where the compensation is not capped and does not depend on your individual losses.

How the award is calculated

The tribunal can award up to 90 days' gross pay per affected employee. The 90-day maximum applies where the employer failed to consult at all, or where the consultation was so deficient as to be meaningless. Partial failures attract a lower award, calculated by reference to how much of the minimum consultation period was actually observed. There is no upper limit on a week's pay for protective award purposes — unlike the unfair dismissal basic award, which is subject to the statutory cap.

The HR1 notification duty

Separate from the obligation to consult, employers proposing 20 or more redundancies must notify the Secretary of State using form HR1 before the first dismissal takes effect. Failure to notify is a criminal offence. The HR1 obligation and the section 188 consultation duty run in parallel — satisfying one does not discharge the other.

What counts as genuine consultation?

UK Coal Mining Ltd v National Union of Mineworkers

[2008] ICR 163, which confirmed that consultation must take place "with a view to reaching agreement". It must cover ways of avoiding the dismissals, reducing the numbers affected, and mitigating the consequences. Presenting employees or their representatives with a fait accompli — telling them the decision has already been made — is not consultation. Neither is a single meeting with no real opportunity for the employer to change course.

Who can bring the claim?

A protective award claim can be brought by a trade union recognised by the employer, by elected employee representatives, or — where there was no recognised union and no elected representatives — by an affected employee acting individually. The claim must be brought in the employment tribunal within three months of the date of the last dismissal in the affected group, subject to the Acas early conciliation requirement.

Made redundant in a group? Check whether proper process was followed.

Start My Claim helps you work out whether you have a protective award claim alongside or instead of unfair dismissal — free to start, no service period needed.

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What could you actually be owed?

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