Introduction to this document

Collective consultation letter

Before collective consultation on redundancy can begin, you have to disclose in writing a specified set of information to the appropriate representatives. Use our collective consultation letter to comply with your legal obligations here and you can also use it arrange a first consultation meeting with the representatives.

Collective consultation

Collective consultation with the appropriate representatives on redundancy must begin “in good time” and must in any event begin:

  • where 100 or more redundancies are proposed at one establishment within a 90-day period, at least 45 days before the first dismissal is proposed to take effect
  • where 20 to 99 redundancies are proposed at one establishment within a 90-day period, at least 30 days before the first dismissal is proposed to take effect.

Additionally, collective consultation must have been completed before notices of redundancy dismissal can be issued to employees. It’s therefore good practice to ensure collective consultation lasts for the full 30 or 45 days before any notices of dismissal are issued. Consultation must not be a sham exercise - there must be time for the appropriate representatives to properly consider the proposals being put to them and to express their views. It must include consultation about ways of avoiding the proposed redundancy dismissals, reducing the numbers of employees to be made redundant and mitigating the consequences of any redundancy dismissals that do take place. Consultation should also be undertaken with a view to reaching agreement with representatives.

Information disclosure

Before consultation can begin, you must disclose the following information in writing to the representatives:

  • the reasons for the proposed redundancies
  • the number and description of those employees proposed to be dismissed as redundant (e.g. by reference to department, job title or location)
  • the total number of employees of any such description employed at the establishment in question
  • the proposed method of selecting the employees who may be dismissed
  • the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are proposed to take effect
  • the proposed method of calculating the amount of any non-statutory redundancy payments to be made to redundant employees
  • the number of agency workers working temporarily for you and under your supervision and direction, the parts of the business undertaking in which those agency workers are working and the type of work they are carrying out.

Our Collective Consultation Letter is intended to start the collective consultation process with the representatives by arranging a first meeting with them. You should also provide the above information in this first letter to the representatives because it needs to be provided before consultation can start.

Note. The representatives are entitled to such time off during normal working hours as is reasonable to enable them to carry out their duties. You must also allow them to have access to the affected employees and you must afford them such accommodation and other facilities as may be appropriate to enable them to consult with the affected employees.