TUPE and redundancy collective consultation factsheet

Effect and importance

This fact sheet looks at the statutory duty to inform and consult workforce representatives in either a collective redundancy situation or on a transfer of undertakings

When is collective consultation required?

Collective redundancy

When an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the resulting dismissals will be collective redundancies. In this situation the employer has an obligation to conduct collective consultation, in addition to his duty to consult with employees individually. For more information on individual redundancy, please refer to our fact sheet on Redundancy.

Employing entities are treated separately for the purposes of collective redundancy consultation so redundancies proposed by different companies in a group are not aggregated i.e. 10 redundancies proposed by one company in a group and 10 by another will not trigger the duty to collectively consult for either.