Definition
A formal period during which an employer must consult with employees or their representatives before implementing significant workplace changes such as redundancies, TUPE transfers, or changes to terms and conditions.
UK Context
UK consultation requirements are governed by TULRCA 1992 (collective redundancy), TUPE 2006 (business transfers), and the ICE Regulations 2004 (general information and consultation). The statutory periods are 30 days for 20-99 redundancies and 45 days for 100+. TUPE consultation must take place long enough before the transfer for meaningful engagement. The ICE Regulations apply to employers with 50+ employees.
Best Practices
- Begin consultation as early as possible and before any decisions have been finalised
- Provide comprehensive written information at the outset, including the reason, numbers affected, and proposed approach
- Allow genuine time for representatives to consider proposals, seek advice, and formulate responses
- Demonstrate that responses have been genuinely considered by explaining how they have influenced the outcome
- Keep detailed minutes and records of all consultation meetings and correspondence
Frequently Asked Questions
How long must a consultation period last?
For collective redundancies of 20-99 employees, a minimum of 30 days before the first dismissal. For 100+ employees, a minimum of 45 days. For TUPE transfers and general consultation, there is no fixed minimum, but consultation must be long enough to be meaningful. Individual redundancy consultation has no statutory minimum but should allow reasonable time for response.
What does meaningful consultation require?
Meaningful consultation requires that proposals are genuinely at a formative stage, adequate information is provided, sufficient time is allowed for consideration, and responses are conscientiously taken into account. If the employer has already made the decision, any consultation is a sham and will not satisfy legal requirements.
Who should the employer consult with?
For collective redundancy and TUPE, the employer must consult with recognised trade union representatives, or if there is no recognised union, with elected employee representatives. For ICE purposes, representatives may be elected or existing representatives in accordance with the negotiated agreement.