Does Consultation Always End in Redundancy?

Author: Natalie Martin

When an employer plans to make staff redundant they must enter into a consultation with those affected.

If you're unsure whether your employer is following the correct process during consultation, you can use our free Redundancy Rights Checker.

A firm will normally place you in consultation if they are thinking of making you redundant but are trying to think of an alternative, such as redeployment or a pay freeze or cut.

What is Consultation?

The aim of consultation is to find ways to avoid the firm making redundancies or reducing the number of redundancies involved. Employers must enter into consultation with a spirit of co-operation and be willing to listen to the views of their employees. In an ideal world both employee and employer will work together to find an alternative to redundancy.

At the start of the consultation process an employer must provide you with written details of the following:

Why redundancies need to take place
The number of jobs at risk
How they plan to select redundancies
How long the consultation period will last
What you will be entitled to at the end of the redundancy period

It will depend on individual employers as to whether they require you to work during your consultation period or not. Some employers will have it written into your contract that you need to still come into work, while others will not make you.

If an employer says you don’t need to come in it is normally a good indication of what their thinking is about your future job. If they are determined to keep you and find an alternative to redundancy it makes sense that they would want to keep you up-to-date and working right through until the consultation period is over.

Collective Consultation

If your employer is planning to make 20 or more employees redundant within a 90-day period, they should consult with employee representatives, this could be a trade union representatives or elected employee representatives instead, this is known as collective consultation.

They must also notify the Department for Business, Innovation & Skills. If there are to be between 20 to 99 redundancies consultation must start 30 days before the first redundancy. It must start 90 days in advance where there are 100 or more proposed redundancies.

Redundancy Rights Checker

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Individual Redundancy Consultation

If an employer only plans to make one member of staff redundant or less than 20 they should still consult employees individually regardless of the number they plan to make redundant. This will normally involve them speaking to you directly about why you have been selected and looking at alternatives for redundancy.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Special Circumstances

There may be some cases where it is not reasonably practicable for an employer to meet the full requirements of the consultation process, for example if the firm is being put into liquidation or administration.

If the company is in serious financial difficulty it might need to make redundancies quick so it will make them on the spot. They might be able to justify this in an employment tribunal because they will argue it was for the good of the company.

Where redundancy is inevitable a consultation process will also not be necessary, if it is a small company which is only making a few redundancies and there is no chance of an alternative being found, the company could also argue it was in the best interests of the company to not have a consultation period.

What Happens When Consultation is Over

When your employer has finished their consultation they are obliged to tell you in writing what decision they have made. If you are to be made redundant they must give you the reasons why in writing,

Once the consultation period is over your employer will not have to give you any notice of your redundancy and they can make you redundant on the spot.

If at the end of our consultation period your employer decides to not make you redundant you will go back to work as normal.

Consultation does not always end in redundancy and in many cases employers will place more staff than is necessary in consolation so they can be seen to be taking a fair and responsible approach to redundancies. But when an employer does place people into redundancy it will almost always results in some redundancies being made.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Redundancy Rights Checker lets you answer a few questions about your situation and find out whether your redundancy is fair and legal. Get clear guidance on your rights in under two minutes. Try it now →

52 questions

Ask Redundancy Expert a Question

Steve 25/09/2020 at 1:55 pm

My company is going through collective consultation for jobs that are at risk. I have been informed my job is not at risk at this point or any in my department.
Another department is to propose that my department be included in the jobs at risk consultation and to put at risk my job so they can apply for jobs within my department.

Is this possible?

Steve

Simmy 05/09/2020 at 4:19 pm

I have been working for same co. for 18yrs, for the last 4yrs i have been working in a section on my own.,running it solely unless on holiday or sickness (very rarely been sick though),my co. have decided to make me redundant now even though there is plenty of orders. Some of my fellow workers are doing weekends to keep up.At my redundancy consultation meeting i was told my section (job) would continue to operate but my job would be done by 3 other guys on a need to do basis.I was never offered an alternative job to do, nor have i been given anything written on paper.At the meeting they told me about my financial redundancy payments, absolutely nothing else,i politely said i thought that was wrong of the co. and that i would appeal their verdict. Am i in the right here or am i wasting my time?

Ebby 11/08/2020 at 12:31 pm

Have worked 5 years, currently working on a senior role. july notice of redudandacy and risk of redundacy. some people seem to be more informed than myself. they have never paid me my senior money, discrimination and other bulying behaviour. when l heard of redundancy l knew l will be amongst the first one. afew of my colleagues have been deployed, but they have sent me a redundancy notice. they have refused for me to take time off to look for work, no proper support. l also want to enter grivances, but everything is going so fast. what advice can you give me. have worked for 5 years and working for a banking institution.

Confused 09/08/2020 at 5:38 am

We have been told we have to lose 4 members of our team of 12 and only 8 being kept on we all do the same job (mechanics) however we have now found out that the controller who has previously been a mechanic over 4 years ago and whose job is being made redundant is now moving back over to being a mechanic and is safe meaning we now have to lose 5 mechanics as he has took over one of our jobs is this legal and fair.

Shell 26/07/2020 at 7:51 pm

I was out into consultation on 1st July I have applied for a role but was unsuccessful,I have my third meeting this week but I know there is 3 more jobs that I want to apply for happening soon can they start my notice period now or do they have to wait for the last meeting to see if I’m unsuccessful in the next round

Garethlew 22/07/2020 at 11:47 am

Good morning,
Sytner BMW gave notice last Monday 13th July that we were in consultation for closing the site and making all 31 staff redundant. We had the first collective consultation on Tuesday 21st. However prior to the meeting, our regional manager (who is not affected by the redundancies) has already told a number of staff that the closing date is the 19th August, just after the end of the consultation period. This morning on Google search our site is showing as permanently closed. Are they allowed to do this prior to the end of consultation?
Many thanks

Ollie 09/07/2020 at 2:16 pm

Good afternoon

Nothings happened to me re redundancy as of yet. My company has just entered into consultation talks with other departments following normal guidelines. My department went through a consultation period just under 18 months ago when they came looking for a redundancy in our department. It resulted in a colleague moving out of our department into another job roll. My question is, does the company have to wait a period of time before they can come looking for another redundancy in my dept after already having a consultation period 18 months ago.

Regards

Mark Oliver

TH 09/07/2020 at 12:20 am

Could you please clarify this point: "Once the consultation period is over your employer will not have to give you any notice of your redundancy and they can make you redundant on the spot."

The government website states this: "You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations."

Thank you.

shazbot 30/06/2020 at 4:17 pm

Am I able to work for myself during the consultation process?

Carol 30/06/2020 at 6:44 am

Hi if you have been given 30 days consultation is the company allowed to move the goalposts. Ie change the date? Do they have to start the process all over again with another 30 days consultation?

mark 29/06/2020 at 10:49 am

Hi, my employer has put 194 people at risk of redundancy however they are only giving us a 30 consultation period even though our internal redundancy policy states 90 days for over 100 people. They have said that we do not all work for the same company as some of us are UK employees and some of us work for the GLOBAL part of the company (mostly those at head office). we are arguing that we all work for the same company as all of us work for the same company name but they insist that we are lawfully being split into two consultation groups of less than 100 due to the fact that we work for different companies, namely ...UK and ...Management. Is this lawful or should they be treating us as one large consultation group with the 90 days period as per our internal policy?

Rubes007 26/06/2020 at 2:17 pm

Hi,
Recently going through collective consultation for redundancy. We were told a deadline of Tuesday 23rd June everyone who was affected would be notified and if we didnt hear anything by this date we can consider ourselves safe. We have now past that deadline and I heard nothing so can consider myself Can the company come back to me in a week or 2 and tell me I am still at risk?

Redundaclue 25/06/2020 at 8:12 am

I was contacted on Monday as I have been put at risk of redundancy. On Wednesday I had a call from my employer, who couldn’t even tell me why I had been selected for redundancy, let alone the process etc. I’ve been told there have been 18 redundancies so far. If they make 20 employees redundant without the 30 day consultation period, are they acting unlawfully?

Coach 20/06/2020 at 9:56 am

If your in consultation period what do you get paid. Do you get paid 100% if your on Furlough or 80%

John B 13/06/2020 at 6:19 pm

Can I receive more than one Consultation Period on 12 months?

Ry 11/06/2020 at 6:59 am

I have less than 2 yrs service and am in consultation period.can they let me go at any time??Do I have to have a 1 to 1?? Can I get something in writing for my next job when I get one?? Thank you

Manny 10/06/2020 at 9:02 pm

Sav85 you will stay on 80% as the 45 days is not a notice it's a consultation required legally. If you are made redundant and qualify for redundancy pay over 2 years service that redundancy will be paid based on your actual salary as well as your notice statuary 2 weeks.

Sav85 08/06/2020 at 2:45 pm

Hi,
I’m currently in my 45 day notice period, from the start this time I’ve been on furlong.
Should I be getting full pay in the 45 day period and not 80% pay?

Iddy 03/06/2020 at 11:07 am

Can Employer offer you or consider suitable Alternative Work if you receive your redundancy notice three weeks before your agreed last day.

Confused 09/12/2019 at 2:31 pm

I am one week into my individual consultation. I am told my role is being made redundant but my employer has not made any effort to support me with finding alternative employment in the organisation and when pressed they refused to show me the post restructure team and alluded to the fact another member of my team would be given my current role responsibilities at a later date. My question is - is my redundancy valid? I don't think it is but not sure where to start if I decide to take this to tribunal.

Alice 12/11/2019 at 9:16 pm

I work for a company who made redundancies earlier in the year.we have heard rumours they will be doing this once again and it could be within a year of the last ones. Is there any timescale implications?.for example, can they do this as often as they want (over 200 people last time). Also of we are constantly being told our jobs are safe and this is untrue, is it in breach of anything (misleading). Thank you

Dazzler66 17/06/2019 at 9:13 pm

Hi, we are about to embark on a 45 day consultation process. It is due to conclude the end of August. On September 5th i will have completed my 2nd year. My question is that given my notice period is 3 months IF they notify me at the end of the consultation process that i am to be made redundant will my notice period be taken into account as taking me well over the 2 year mark?

Janeyd 04/06/2019 at 6:26 pm

On day 29 of my 30 day redundancy consultation my employers put the consultation on pause, I cannot get a definitive answer on how long this pause will last and if I will actually have the twelve weeks notice. They are determined to find me another job and I have asked for the redundancy to take place. Is there anything I can do to move this along?

Lainey 29/11/2018 at 6:47 pm

Can you stop redundancy process once its gone into consultation

Help 04/07/2018 at 5:01 pm

Afternoon

I was placed on consultation which ends on Friday. I have just heard the administrators maybe appointed tomorrow. I have three months notice period will this be affected should the administration go ahead. Please advise and thank you in advance

patsy 20/06/2018 at 1:22 pm

I am currently working my 7th week of my 12 week redundancy along with several colleagues, because the department I work in is re locating.
There are a number of colleagues in other departments who after the consultation period
Have been allowed to leave immediately or after 1 or 2 weeks
Is this fair to us who have to work the full 12 weeks on the basis of just statuary redundancy as the one who have been allowed to go on garden leave.

bill 06/03/2018 at 1:00 pm

At the beginning we were told of the consultation process it was 45 days because we have over 100 staff. Now we have less than 100. Can they chandeliers amount to 30 even if there were over 100 when the process waso announced.

Thank you for your time

Kapal17 27/01/2018 at 12:40 pm

I have worked for. Large retail company for 20 years,part of the company including my department where outsourced 3 years ago shortly after this we were advised that our jobs would be going over seas and we will all be getting made redundant within 9 months,
several employers where given early voluntary redundancy before this time.after 6 months we where told that the redundancy date had been extended for another 6-9 months since that time they have extended it again for another 6 months within this time I had taken on a large debt on the understanding I could pay it off out of my redundancy package.
Last week we where advised that we are no longer being made redundant and we are being TUPI Over to our original employer
Are they allowed to do this after telling us for so long we would made be redundant.

RedundancyExpert Editor 25/01/2018 at 11:25 am

Before your employer makes you redundant they might offer you another job in the organisation. This is called ‘suitable alternative employment’. The CAB whichwill further answer your question.

Kez 24/01/2018 at 9:29 am

I gave worked for a company gif 28 years and recently had to raise a grievance about my manager, Inhave been off sick, they called me to a meeting to tell me my job is changing. There are 2 jobs or they can ask for a settlement. I asked for details of the 1 job. They to,d me I would be getting a pay cut, no longer report to my manager. They have now told me they got all the information wrong, there us only 1 job and if I don't apply for it I am redundant. Does this seem right.

RedundancyExpert Editor 08/01/2018 at 1:42 pm

The Worksmart whichshould help you answer your question.

AB 06/01/2018 at 3:28 pm

Hi, I was informed of the possibility of being made redundant in Nov when a proposed structure change would merge 2 roles into 1. We were both told we could apply, which I did, but was unsuccesful. They have said they want to keep me in the business and would extend my consultation and work with me on suitable alternatives. My colleague chose to take redundancy and the role was given to another internal applicant.
My question is ... they have found a role at my grade that they'd like me to apply for ... I don't want to do it and want to take redundancy but am worried that they will force me to take it as I have 18 years service which is going to cost them a lot .
I am wondering if, because they have told me I'd have to apply, this isn't deemed as a suitable alternative and I can 'refuse' to apply and say I'd like to leave at the end of April. If I do that could they refuse and extend my consultation indefinitley until I leave or just give up and take a job I don't want ?? Any advice massively appreciated

RedundancyExpert Editor 05/12/2017 at 2:18 pm

I am sorry to hear this. You can see more whichwhich will tell you all you need to know.

Sarny 05/12/2017 at 11:39 am

Hi I have been working for a very large company for 6 years, doing my present role for 3 years. There are 9 managers at my level and 4 weeks ago 3 of us were told we would need to attend an interview as they needed to go down to 2 managers in our region. We had the interviews 2 weeks ago and I was informed yesterday that I had been unsuccessful by a work colleague of the same level as myself. HR said they didn’t have a correct phone number for me. If they offer me a job at a lower grade but keep me on pay protection for 4 years do I have to accept it? The job is not in my region and would cause me a lot of stress as the travelling around the M25 is terrible. There is apparently no compulsory redundancies in my company, can they make me redundant if I refuse this lower grade job offer?

Lee 04/12/2017 at 10:30 pm

I have recently found out that the retail store I work for has gone into a 45 day consultation period which involves redundancies though I have not been told about it personally l, informal discussions have been taking place

I have worked at this store for 12 years and have good attendance

Could someone give me some advice or opinion on how to handle this situation thankyou

RedundancyExpert Editor 28/04/2017 at 10:06 am

You can see more via the CAB link here which will answer your question in full.

StarGazer 27/04/2017 at 7:40 am

My role is at risk of redundancy. Role is moving to a different location. Re-location offered but not attractive. 30-day consultation is underway. After consultation employer is insisting my termination date is 6 months away and I'm not entitled to redundancy if I leave earlier. Notice period 1 month. Is this correct? Seems unfair as an alternative job may well present itself in interim.

Overworked 20/03/2017 at 2:52 pm

Myself a 4 others have just been informed that our posts are going to be cut and we are looking at a £10,000 a year pay cut and being placed on a different job description and role. Do we have to take the pay cut or can we push for redundancy?

Simon 24/01/2017 at 7:56 pm

Hi
Just wondered if you can advise on this. Last year in October my employer instructed they will enter into a 45 day consultation. After this ended it was extended by another 2 weeks as there was talks that undisclosed companies were interested to buy 2 parts of the business.
However nothing came to anything prior to Christmas and now nothing towards the end of January is really moving in any direction. I was told by HR that there is no time limit is this true?
Also this employer still has their main company based abroad and is making this business close down over here in the uk, I take it they couldn't do anything silly in terms of literally lock the doors and not pay redundancies?
Regards
S

RedundancyExpert Editor 15/12/2016 at 11:07 am

Yes, you must have a continuous service of at least two years and your notice period would be included in this calculation.

Dazzler 14/12/2016 at 7:45 pm

My consultation period takes me 3 days over 2 years. Does this mean I qualify for redundancy?

RedundancyExpert Editor 14/12/2016 at 12:52 pm

In this case, given the company has not gone into administration I suggest your daughter gives ACAS a call in order to explore her options and to see whether the company is working within the correct guidelines. As a normal rule, an employer will be entitled to statutory redundancy if they have been working for her current employer for two years or more.

Pjc 14/12/2016 at 10:38 am

Hello my daughter has work for a retail company for nearly 3years. And quite recently her branch as been pull up on loosing money...not meeting their target. However within a week or so after this discovery they all were call in and told that they are shutting the store down because they cannot afford the rent. All staff will be out of a job just after christmas. They were not reemploy nor is redundancy on the table. Some staff have work there for over 15years. This is the only branch that is being shut down and the numbers are small. They were offered 1 consultation. Can you give any advise on what are my daughters entitlement? Thank you

laura.j. 22/11/2016 at 10:27 pm

hi, i have been put into 4 weeks redundancy consultation... they are saying the no have a job starting in 6 weeks time.... can they stop the redundancy period and make me wait 6 weeks because somebody else told me the job offer and the job start dat has to both be within the 4 week redundancy period

Anonymous 21/06/2016 at 9:26 pm

I am 7 days into my redundancy consultation period. My work are closing down this premises as they have stated it's not making money. Tonight I have come in and half the equipment has already been removed, can they do this?.

Lisa 06/06/2016 at 12:12 pm

I have been with a company 5.5 years, the first 2 years I was employed full time, then came back part time after maternity, my employer is saying I will only get redundancy for part time for the 5.5 years Iv been there, I would have thought I would get first 2 years at full time and remaining at part time. Can you please give me some help

MrAEMiller 20/12/2015 at 8:18 am

As a worker in the oil and gas sector I can paper my walls with redundancy notices. I think I've done it 5 times now. The answer is no usually being put on notice does not end in redundancy. I have survived a few including one time the whole company was going to be shut. A mysterious man wandered into the office 2 days before the end of the three month period and bought us. However you have to ask what's bests or you. If you've got nearly the maximum continuity of employment you're best taking the money and running. Businesses can survive losing one or two people or the odd loss making department but once they start making near random across the board redundancies the party's over and it's time to start trying to get in a lifeboat rather than cling on to the Titanic for grim death.

RedundancyExpert Editor 20/10/2015 at 2:01 pm

This is a bit of a tricky question to answer as if your employer offers you a new job you are usually entitled for a four week statutory probationary period. Once the period ends, and you do not feel the job is suitable, then as a rule and if specified in your contract, then you will still qualify for a redundancy payment. However, here's the rub, if you think the new job is not suitable but your employer's opinion differs, and you are seen as unreasonably terminating the contract, then your employer may be able to refute your redundancy payment. Please, also be aware, that if you stay on after the trial period without notifying your company whether you have accepted or rejected the job, then by law you have accepted the position and would not be eligible for redundancy. Please see TUC WorkSmart advice, whichI hope this helps.

Phil 19/10/2015 at 7:58 pm

I was placed on 30 day consultation for redundancy but was pushed to take a new position I was advised that at any time with in the 3 month probation period I found this was not for me I could apply for the redundancy is this correct

Alex 03/06/2015 at 11:41 pm

My mum has been put on notice for redundancy and is currently in a consultation period. They're trying to save money by removing the level of management that she works at.
It's already been made known to her that another lady under a different job title will be taking over her work. This woman has been copied in on emails about work that is going on now during the consultation period and today my mum was told that the woman would be starting on Monday before the consultation period is even finished. Is this legal?
It's putting my mum under a lot of stress and she won't say anything to hr as she's worried it'll damage her chances of finding another job within the company.

RedundancyExpert Editor 22/04/2015 at 2:09 pm

@Annon - I suggest you give Acas a call regarding this question, as it is rather complex. You can do so via which

Annon 20/04/2015 at 11:26 pm

Hi and thanks is advance, it's two parts! We're part of a multi-national organisation, that's parented by an even larger multi-national organisation. All of our small team was put on consultation a couple of weeks ago, justification - ' lack of business'. Part 1 At individual meetings it became clear that the senior managers knew little of what we did or our business opportunities and in fact stated that this was the opportunity to find out. With that in mind they have tasked our manager (one of the ones at risk) with producing figures after figures to try to justify our positions. Every time we achieve one of these tasks (in our favour I might add) another is requested. Firstly is this fair, shouldn't their reason be justified prior to putting us on consultation? Even if they delve into annual figures, there are justifications which have either been previously forecasted (with no query) or highlighted to senior managers (with apparent full support). One of our issues was even caused by their decision to move individuals out of the team a month before this, it was heavily challenged at the time as it made no business sense other than to expose the team. Furthermore we are no worse than some of the other teams. Secondly can they make us justify our own positions in this way? I appreciate it's a consultation but surely the onerous should not solely be on us? Part 2 We were assured that redeployment opportunities within the larger business would be offered, and by registering with their system as 'at risk' we would be given priority status. However we have since learnt that a very suitable position has become available and has been offered externally, without it even being registered internally never mind flagged to us, is this legal?

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