15. Numbers for Collective Consultation- Redundancy

15.1. The collective redundancy consultation requirements are currently triggered when an employer is proposing more than 20 redundancies at one establishment within a 90 day period. If the affected employees were spread across a number of sites, it was only the number of employees at each individual site which would trigger the requirement to collectively consult.

15.2. The Employment Rights Bill proposed removing the concept of one establishment so that the obligation to collectively consult will kick in when there are 20 or more proposed redundancies across a whole business, regardless of the number of employees affected at individual establishments. However, the government has now scrapped this proposal and the current rules on this will remain, subject to the potential to increase the number that triggers collective consultation, suggesting that the requirements may actually become less onerous for employers, rather than more, as initially anticipated.

15.3. Consultation has taken place on increasing the maximum protective award and allowing employees to claim interim relief. The Government has also said that it will consult during 2025 on changing the minimum consultation period when an employer is proposing to dismiss as redundant 100 or more employees. The suggestion is changing the minimum period from 45 to 90 days. A significant increase.

15.4. The government will also increase the maximum period of the protective award available for failure to collectively consult from 90 days’ pay to 180 days’ pay.