What Happens in a Redundancy Consultation?

Being told that your job is “at risk” of redundancy can leave you with a lot of questions. What happens next?  Can you challenge the decision?  How long does consultation last?  Can you suggest another option?  And perhaps the biggest question of all, does being placed at risk mean that you are definitely going to lose your job? Not necessarily. A redundancy consultation is supposed to happen before a final decision is made. It gives the employer an opportunity to explain why redundancies are being considered and gives affected employees a chance to ask questions, raise concerns and suggest alternatives. Acas describes consultation as a process of talking with and listening to affected employees. Employers should genuinely consider suggestions that could avoid or reduce redundancies, even where they ultimately decide not to accept them. For employees, understanding how the process works can make it much easier to prepare. For employers, getting the consultation right is essential because a genuine business reason for redundancy does not automatically make a dismissal fair. What Does “At Risk of Redundancy” Mean? Being told that you are “at risk” does not mean you have already been made redundant. It means your employer is proposing changes that could result in your role disappearing. The consultation process should take place while the proposal is still open to discussion. This distinction is important. If an employer has effectively predetermined the outcome before consultation begins, it may be difficult to demonstrate that the consultation was genuine and meaningful. A proper consultation should take place while proposals are still at a formative stage and should leave room for alternatives to be considered. The employee might suggest another way to reduce costs, identify a suitable alternative role, challenge the proposed selection pool or raise concerns about the way employees have been selected. That does not mean the employer has to agree with everything suggested. It does mean those suggestions should be properly considered. Not sure what your next step should be? Contact KLG Law to discuss your employment law concerns with an experienced solicitor. Why Does Redundancy Consultation Take Place? The purpose is not simply to tell employees that their jobs may disappear. A consultation should give both sides an opportunity to discuss what is happening and whether there is another way forward. Depending on the circumstances, the conversation may cover: Why the employer is proposing redundancies Which roles or employees may be affected How the selection process works Whether redundancies can be avoided or reduced Whether suitable alternative work is available How the proposed redundancy package would work What happens next Employees can also raise concerns about their individual circumstances. For example, someone may believe that the wrong employees have been placed in the selection pool or that a selection criterion unfairly disadvantages them. These are precisely the sorts of issues consultation is intended to uncover. What Happens at the First Redundancy Consultation Meeting? The first meeting will usually be the point at which the employer explains the proposal in more detail. If you are an employee, you should expect your employer to explain why your role is at risk and what the proposed redundancy process looks like. You should also have an opportunity to respond. Employees may also ask whether they can be accompanied at an individual redundancy consultation meeting. Unlike disciplinary and grievance hearings, there is no general statutory right to be accompanied at redundancy consultation meetings. However, many employers will agree to a companion attending, particularly where this may assist the employee in understanding the process and raising any concerns. You do not need to accept everything your employer says during the meeting. If something does not make sense, ask about it. If you think there is an alternative, raise it. If you believe your selection is unfair, explain why. You may want to ask: Why is my role at risk? Ask what has changed in the business and why the employer believes your role or the work you carry out is no longer required. How was the selection pool decided? If several people perform similar roles, ask why particular employees have been included or excluded. What selection criteria are being used? You should understand how employees are being assessed and whether the criteria have been applied consistently. Are there alternatives to redundancy? This could include alternative employment, changes to working arrangements, reduced hours, voluntary redundancy or other proposals that may reduce the number of compulsory redundancies. What will happen to my notice and redundancy pay? You can ask how the employer intends to calculate your payments and whether any enhanced redundancy package is available. These questions are not about being difficult. They are part of making the consultation meaningful. Can I Challenge My Selection for Redundancy? Yes. Being selected for redundancy does not mean you have to remain silent if you believe the process is unfair. For example, you may believe that: The selection pool is too narrow The employer has included the wrong roles The criteria are unsuitable The scoring has been applied inconsistently Relevant skills or experience have been ignored Your attendance score includes disability-related absence You have been selected because you raised a grievance or made a protected complaint Selection criteria should be fair and objective. Employers should also take care that selection criteria do not directly or indirectly discriminate against employees with protected characteristics under the Equality Act 2010. Criteria such as attendance records require particular care where absences relate to disability, pregnancy or other protected circumstances.  GOV.UK specifically identifies factors such as skills, qualifications, performance, attendance and disciplinary records as examples of criteria that may be used, while warning that employees must not be selected for discriminatory reasons. If you think something is wrong, the consultation is the time to raise it. Can Redundancy Be Avoided? Sometimes. One of the most important parts of consultation is considering whether the proposed redundancies can be avoided or reduced. An employee might suggest reducing hours, changing working arrangements, moving into another position or using voluntary redundancy instead of compulsory redundancy. The employer does not have to accept every suggestion, but it should genuinely consider them.   Employers should also actively consider whether suitable alternative vacancies exist within the organisation before confirming redundancy. Identifying and offering suitable alternative employment can sometimes avoid dismissal altogether and forms an important part of a fair redundancy process. The same applies from the employer’s perspective. If there is a realistic alternative, ignoring it simply because the redundancy plan has already been prepared can create unnecessary legal risk. The consultation should remain a live process rather than a box-ticking exercise. How Long Does a Redundancy Consultation Last? There is no fixed statutory minimum period for individual redundancy consultation. That means an employer cannot simply apply a rule saying that every individual redundancy consultation must last exactly a certain number of days. The length should depend on the circumstances and the need for meaningful discussion. Acas confirms that there are no specific rules governing the length of individual consultation, but it must be genuine and meaningful. The position is different when collective consultation is required. Where an employer proposes 20 or more redundancies at one establishment within a 90-day period, collective consultation rules apply. The minimum consultation period is currently: 20 to 99 proposed redundancies Consultation must begin at least 30 days before the first dismissals take effect. 100 or more proposed redundancies Consultation must begin at least 45 days before the first dismissals take effect. These are minimum periods for collective consultation. They are not a substitute for meaningful discussions, and consultation may need to continue for longer depending on the circumstances. What Is the Difference Between Individual and Collective Consultation? The distinction matters particularly for employers carrying out larger redundancy exercises. Individual consultation This involves discussing the proposed redundancy directly with each affected employee. The employer should explain how the employee is affected, allow them to raise concerns and consider their individual circumstances. Even where collective consultation is taking place, individual consultation may still be necessary. Collective consultation This applies where an employer proposes 20 or more redundancies at one establishment within a 90-day period. Consultation takes place with recognised trade union representatives or elected employee representatives, depending on the circumstances. Collective consultation looks at the wider redundancy proposal, including ways of avoiding dismissals, reducing their number and limiting their impact.  What Happens If an Employer Does Not Consult Properly? This is where redundancy consultation becomes more than an HR exercise. If an employer does not carry out genuine and meaningful consultation, an employee may be able to challenge the fairness of the dismissal. ACAS states that employers should carry out genuine and meaningful consultation before making redundancies. Where consultation is not conducted properly, affected employees may be able to challenge the fairness of the dismissal before an Employment Tribunal. For collective redundancies, the financial consequences can be particularly serious. From 6 April 2026, the maximum protective award for failing to comply with collective consultation obligations increased from 90 days’ pay to 180 days’ pay per affected employee. Employees do not need two years’ service to qualify for a protective award. For employers planning a large redundancy exercise, that makes getting the consultation process right from the beginning even more important. Looking for practical employment law support? Contact KLG Law to discuss how our solicitors can help. What Should Employers Do Before the Consultation Meeting? Employers should not walk into a redundancy consultation meeting with nothing more than a list of names. The process should be planned beforehand. Establish the business reason Be clear about what has changed and why the business believes redundancies are necessary. Identify the affected roles Consider which roles are genuinely at risk and whether the proposed selection pool is appropriate. Prepare the selection criteria Where employees are being selected from a pool, criteria should be fair, relevant and capable of being applied consistently. Consider alternatives Think about whether redundancies can be avoided or reduced through other changes. Prepare for questions Employees are likely to have concerns about their role, selection, payments and future employment. Managers conducting the meetings should understand the proposed process and be able to explain it clearly. Keep proper records Notes of consultation meetings, employee suggestions and the employer’s responses can become important evidence if the process is later challenged. Should You Get Redundancy Legal Advice? There is no rule that says an employer or employee must instruct a solicitor for an individual redundancy consultation. But there are plenty of situations where getting advice early makes sense. For employers, a redundancy solicitor can review the proposed process before consultation begins, advise on selection pools and criteria, help prepare documentation and identify discrimination or unfair dismissal risks. For employees, redundancy legal advice can help you understand whether the proposed process appears fair, whether your selection can be challenged and whether there are issues that should be raised during consultation. It is usually much easier to address a problem while the redundancy proposal is still being discussed than after the final decision has been made. How KLG Law Can Help At KLG Law, we advise both employers and employees on redundancy and employment law matters. For employers, our redundancy solicitors can assist with planning the consultation process, preparing documentation, advising on selection criteria, attending meetings where appropriate and helping manage complex or large-scale redundancies. For employees, we can review the circumstances surrounding your proposed redundancy, help you understand the consultation process and advise on whether there are concerns about your selection or the way your employer is handling the process. The important thing is timing. You do not have to wait until you receive a dismissal letter before asking for advice. If you are an employer planning redundancies or an employee who has been told that your role is at risk, speaking to a solicitor during the consultation stage can give you a much clearer understanding of your options. Final Thoughts A redundancy consultation should be a genuine conversation, not a meeting held simply because the employer has to tick a legal box. For employees, it is an opportunity to understand why the redundancy is proposed, question the process and put forward alternatives. For employers, it is an opportunity to test the proposal, consider different options and demonstrate that the decision has not been predetermined. There is no guaranteed outcome at the end of consultation. The employer may still decide that redundancy is necessary. What matters is that the decision is reached through a fair and meaningful process. If you are facing redundancy or preparing to make employees redundant, early redundancy legal advice can help you understand what should happen next and avoid mistakes that may prove expensive later.