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Collective redundancy consultation: scope of obligations

A guide explaining when collective redundancy consultation obligations arise, including how “redundancy” and “employee” are defined for consultation purposes.

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By Max Winthrop | Brightmine editor: Laura Merrylees

This guide sets out what counts as a redundancy for collective redundancy consultation purposes, which has a wider meaning than for individual redundancies. The guide also explains who is categorised as an employee for collective redundancy consultation purposes.

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  • Individual vs collective consultation
  • Meaning of “redundancy” for collective consultation purposes
  • Meaning of “employee” for collective consultation purposes
    • Exclusions for collective consultation purposes
  • Overlap with other consultation obligations
    • Collective redundancy consultation in TUPE context
    • Information and Consultation of Employees Regulations
  • Future developments
    • Consultation threshold

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Latest updates

The Government has issued a consultation on the triggers for the new collective redundancy consultation threshold under the Employment Rights Act 2025, which will affect employers making redundancies across multiple sites when the changes come into effect in 2027.

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Max Winthrop

Max Winthrop is a partner at Sintons LLP. Noted by both Chambers Guide to the Legal Profession and the Legal 500 as a leading practitioner in employment law, Max regularly appears in tribunals up and down the country as well as in the appeal courts. Max has lectured in employment law at Durham University and he was the chair of the Law Society’s influential Employment Law Committee from 2017-2020. As chair, he has been actively involved in employment law developments, including giving evidence to parliamentary committees.

Max is regularly quoted in national publications such as the Times and the Financial Times, and he has appeared on BBC Radio 4 and LBC as well as BBC and Channel 5 TV.

About the author

Laura Merrylees, Senior Legal Editor at Brightmine

Laura Merrylees
Senior Legal Editor, Brightmine

Having qualified as a solicitor in private practice, Senior Legal Editor Laura Merrylees spent fourteen years working in-house for a large telecommunications organisation, specialising in employment law. Laura advised on a broad range of employment law matters, both contentious and advisory. During her time in practice, Laura worked closely with HR professionals and senior management and delivered training to HR teams.

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