Staff Consultation
Guiding employers through every stage of meaningful staff consultation, from individual contract changes to large-scale collective processes, with full UK legal compliance.
Legally Compliant Staff Consultation for UK Employers
Staff consultation is a fundamental obligation under UK employment law, and getting it wrong can expose your business to tribunal claims, protective awards, and serious reputational damage. Where an employer proposes to dismiss 20 or more employees as redundant at one establishment within a period of 90 days, sections 188 to 198 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) require collective consultation with appropriate representatives. For individual changes to terms and conditions, the Employment Rights Act 1996 (ERA 1996) establishes the framework that protects employees against unfair dismissal where proper consultation has not taken place. Additionally, Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 imposes specific consultation duties on both the outgoing and incoming employer during a business transfer.
Meaningful consultation is far more than simply informing employees of a decision that has already been made. Tribunals consistently distinguish between genuine consultation, where proposals are shared at a formative stage and employee feedback can genuinely influence the outcome, and a process that amounts to no more than going through the motions. Failure to consult properly can result in protective awards of up to 90 days' gross pay per affected employee under s.189 TULRCA 1992, while individual claims for unfair dismissal under ERA 1996 can arise where an employer has failed to follow a fair process before terminating employment.
Rebox HR provides hands-on support throughout the entire consultation lifecycle. We help you determine your legal obligations, draft consultation documents and proposal letters, facilitate the election of employee representatives where no recognised trade union exists, and attend consultation meetings alongside your management team. Whether you are navigating a single contract variation, a TUPE transfer, or a large-scale redundancy programme, our experienced consultants ensure that every step is properly documented and that your business meets its statutory duties in full.
What We Cover
Practical, expert support across every aspect of staff consultation for your business.
Collective Consultation Management
When your proposals involve 20 or more redundancies within 90 days at a single establishment, we manage the entire collective consultation process required under s.188 TULRCA 1992. This includes preparing the statutory notification to the Secretary of State (form HR1), drafting the s.188 disclosure letter setting out the reasons for the proposals, and establishing the required consultation timeline of 30 or 45 days depending on the number of affected employees. We coordinate meetings with employee representatives, record outcomes, and ensure that every statutory requirement is met before any dismissals take effect.
Individual Consultation on Contract Changes
Not every consultation triggers collective obligations. Where you need to change terms and conditions for individual employees, we guide you through a fair process that satisfies the requirements of ERA 1996 and relevant case law. We help you draft clear proposal letters, set appropriate consultation periods, and explore alternatives before any changes are imposed. This careful approach significantly reduces the risk of constructive dismissal or breach of contract claims and helps maintain positive working relationships with your staff.
TUPE Consultation Compliance
Business transfers and service provision changes bring specific consultation duties under Regulation 13 of the TUPE Regulations 2006. Both the transferor and transferee must inform and consult with appropriate representatives about the transfer, its implications, and any measures they envisage taking. We prepare the employee liability information required under Regulation 11, coordinate the exchange of information between parties, and ensure that consultation takes place long enough before the transfer to be genuinely meaningful. Failure to comply can result in compensation of up to 13 weeks' pay per affected employee.
Election of Employee Representatives
Where there is no recognised trade union, employers must arrange for the election of employee representatives before collective consultation can begin. The election process itself is governed by s.188A TULRCA 1992 and must be conducted fairly, with all affected employees given the opportunity to stand and vote. We design and administer the entire election process, from issuing nomination forms through to counting votes and confirming results. A flawed election can invalidate the entire consultation process, so getting this right from the outset is essential.
Consultation Documentation and Record Keeping
Thorough documentation is your best defence if the fairness of your consultation process is ever challenged. We prepare all the key documents you need, including proposal letters, consultation meeting agendas, minutes, response forms, and outcome letters. Each document is tailored to your specific circumstances and drafted in clear, professional language that demonstrates genuine engagement with employee feedback. We also maintain a detailed consultation timeline so you can evidence compliance with statutory timeframes at every stage.
Protective Award Risk Mitigation
A tribunal can make a protective award of up to 90 days' gross pay per affected employee where an employer has failed to comply with collective consultation obligations under s.189 TULRCA 1992. For a workforce of 50 employees, that liability can quickly reach six figures. We carry out a pre-consultation compliance audit to identify and address any gaps in your proposed process before it begins. Throughout the consultation period, we monitor progress against statutory requirements and flag any emerging risks so they can be resolved promptly, keeping your business protected from costly claims.
How We Help
A clear, structured approach from start to finish.
Assessment and Planning
We review your proposals to determine whether collective or individual consultation obligations apply, identify the affected employees, establish the correct legal timeline, and prepare a detailed consultation plan tailored to your business.
Consultation Delivery
We draft all required documents, support the election of employee representatives where necessary, attend consultation meetings with your team, and ensure that employee feedback is genuinely considered and recorded at every stage.
Outcome and Implementation
Once consultation concludes, we help you communicate outcomes to affected employees, issue formal confirmation letters, and manage the implementation of any agreed changes while maintaining a full audit trail for future reference.
Frequently Asked Questions
When does collective consultation become a legal requirement?
Under s.188 TULRCA 1992, collective consultation is required when an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. If 20 to 99 redundancies are proposed, consultation must begin at least 30 days before the first dismissal. If 100 or more are proposed, the minimum period extends to 45 days. These obligations apply regardless of whether a trade union is recognised.
What is the difference between informing and consulting employees?
Informing means telling employees about a decision or proposal. Consulting means sharing proposals at a formative stage, genuinely considering employee feedback, and being willing to adjust your plans in response. UK tribunals have consistently held that consultation must be meaningful and not simply a rubber-stamping exercise. Under TUPE Regulation 13, for example, consultation specifically requires the employer to consider representations and reply to them with reasons if any are rejected.
What are protective awards and how much could they cost?
A protective award is a penalty imposed by an employment tribunal under s.189 TULRCA 1992 where an employer has failed to comply with collective consultation obligations. The tribunal can award up to 90 days' gross pay per affected employee. The award is designed to be punitive rather than compensatory, so the starting point in cases of deliberate non-compliance is the maximum period. For a group of 30 employees each earning 35,000 pounds, the maximum exposure would be approximately 259,000 pounds.
Do I need to consult before changing employee contracts?
Yes. Unilaterally imposing changes to contractual terms without proper consultation can give rise to claims for breach of contract or constructive unfair dismissal under ERA 1996. The correct approach is to propose the changes, explain the business rationale, allow employees a reasonable period to consider and respond, genuinely consider any counter-proposals, and only implement changes once the process is complete. If agreement cannot be reached, dismissal and re-engagement on new terms may be lawful, but only after full and fair consultation.
What consultation is required during a TUPE transfer?
Under Regulation 13 of the TUPE Regulations 2006, both the outgoing employer (transferor) and the incoming employer (transferee) must inform appropriate representatives about the transfer, its approximate date, the reasons for it, and any measures they envisage taking in connection with it. If either employer does envisage taking measures that will affect transferred employees, they must also consult with the representatives about those measures with a view to reaching agreement. Failure to comply can result in an award of up to 13 weeks' pay per affected employee.
Who qualifies as an appropriate employee representative?
Under s.188 TULRCA 1992, appropriate representatives are either representatives of a recognised trade union or, where no union is recognised, employee representatives elected specifically for the purpose of consultation or already elected for other purposes who have authority to receive information and be consulted on the relevant proposals. Representatives must be affected employees themselves, and the election process must comply with the requirements in s.188A, including allowing all affected employees the opportunity to stand as candidates and vote.
How long should an individual consultation process last?
There is no fixed statutory timeframe for individual consultation under UK law, unlike the 30 or 45 day minimums for collective redundancy consultation under TULRCA. However, tribunals expect the period to be reasonable in the circumstances. For straightforward contract changes, two to four weeks is often considered adequate. For more significant proposals such as changes to pay, hours, or location, a longer period may be appropriate. The key requirement is that employees have sufficient time to understand the proposals, take advice if they wish, and provide a considered response.
Can Rebox HR attend consultation meetings on our behalf?
Yes. Our HR consultants regularly attend consultation meetings alongside client management teams to provide real-time guidance, take detailed minutes, and ensure the process stays on track. We can also help prepare managers for meetings with briefing sessions covering the key messages, likely questions, and how to handle difficult conversations. Having experienced HR support in the room gives both employers and employees confidence that the process is being conducted fairly and professionally.
“I cannot emphasise enough how fortunate I feel to have such an incredible HR team supporting us every step of the way. Knowing they are just on the end of the phone has given us complete peace of mind.”
Related Services
Redundancy Support
End-to-end redundancy management including selection criteria, individual consultation meetings, and settlement agreements.
Redundancy Support →Restructuring
Strategic support for organisational restructuring, role redesign, and workforce realignment programmes.
Restructuring →TUPE Transfers
Comprehensive TUPE support for both incoming and outgoing employers, covering due diligence, employee liability information, and consultation.
TUPE Transfers →Need Help With Staff Consultation?
Get in touch with our team today to discuss your consultation requirements. We will help you build a compliant process that protects your business and treats your employees fairly.
Book Your Free ConsultationOr call us directly on 01327 640070