An Employer’s Responsibility to Consult on Change
- Robinson Grace HR
- Mar 18
- 4 min read
Updated: Nov 6
As an employer, you should consult employees and their representatives when a change or issue is identified, and before any final decision is made. This may include a change to role or job content, a policy amendment that affects terms and conditions, or a restructure that may lead to redundancy.
In the UK, the consultation period is a legally mandated process designed to ensure that employees are informed about significant changes in their workplace or their terms and conditions and have the opportunity to provide input before any decisions are finalised.
This process is governed by various laws and regulations, including the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992.
Here is an overview of the purpose of a consultation period, organisational responsibilities, and what it means for staff.
Purpose of the Consultation Period:
To inform employees about proposed changes in the workplace, such as redundancies, restructuring, TUPE transfer, or major policy changes.
To provide employees with the opportunity to express their views, concerns, and suggestions regarding the proposed changes.
To facilitate open communication between employers and employees, fostering trust and cooperation in the decision-making process.
To ensure that any decisions made by the employer consider the interests of the employees and mitigate any adverse impact on them.
Organisational Responsibilities:
Consider whether you need to elect staff representatives (collective consultation for redundancy of 20+ roles in a 90-day period, or TUPE transfer of 10 or more employees or employer has 50 or more employees) or consult with a recognised trade union in advance of discussion with employees.
Employers must inform and consult with affected employees or their representatives in a timely and meaningful manner.
They must provide relevant information about the proposed changes, including the reasons for them, the potential impact on employees, and any alternatives considered.
Employers must genuinely consider the feedback received from employees and their representatives and, where possible, explore alternatives to mitigate any negative effects.
The consultation process should be conducted in good faith, with a genuine intention to reach agreement or consensus where possible.
What It Means for Staff:
Staff have the right to be informed about small changes, and consulted on proposed impactful changes that may affect their employment or terms and conditions.
They have the opportunity to express their views, concerns, and suggestions regarding the proposed changes.
Staff may be represented by trade unions or elected employee representatives during the consultation process.
The consultation period allows staff to understand the rationale behind proposed changes and how they may be affected personally or professionally.
It provides staff with a platform to negotiate for their interests and seek assurances or concessions from the employer.
Consultation Timeframes:
There are not always set rules for how long a consultation must last so long as it is reasonable. However, best practice suggests that you should plan for 10 days to 45 days for most consultation periods. Consultation should always take place before a final policy decision has been taken.
In the case of redundancy, employers must start consultation at least 30 days before the first proposed dismissal or redundancy if there are between 20 and 99 employees, and at least 45 days before the first proposed dismissal or redundancy if there are 100 or more employees facing redundancy.
For more detailed information on the consultation process in the UK, you can refer to resources provided by government agencies such as the Advisory, Conciliation and Arbitration Service (ACAS) or the UK government's official website on employment rights.
ACAS
Do you need further guidance or support with managing consultations on change within your organisation? Get in touch by emailing clientservices@robinsongracehr.com or calling us on 01793 311937.
Frequently Asked Questions:
1. When is an employer legally required to consult employees in the UK?
Answer: In the UK, employers are required to consult employees (or their representatives) when there is a proposed change to role, terms and conditions, or structural change such as redundancy or a TUPE transfer. Consultation may be individual or collective.
Collective consultation becomes legally required when you plan to dismiss 20 or more employees at one establishment within a 90-day period.
Also, changes to employment contracts or dismiss-and-rehire proposals may trigger consultation rights.
2. What are the minimum consultation periods for collective redundancies in the UK?
Answer: When a business is proposing collective redundancies (20 or more roles in one establishment within 90 days), there are legally-mandated minimum consultation periods:
For between 20 and 99 redundancies, the consultation must start at least 30 days before the first dismissal takes effect.
For 100 or more redundancies, consultation must begin at least 45 days before the first dismissal.
There is no fixed legal timescale for fewer than 20 redundancies, but the consultation must still be meaningful.
You should plan your consultation process in “good time” to allow meaningful dialogue and meet legal requirements.
3. What information must employers provide during a redundancy or contract-change consultation?
Answer: During a consultation process, whether for redundancy or proposed changes to terms and conditions, employers must provide sufficient information to employees or their representatives. This includes:
The reasons for the change or redundancy proposals
Numbers and categories of employees affected
How selection criteria will be applied (in redundancy scenarios)
The timeframe and method of implementation
Alternatives considered to the proposed change (such as redeployment or role redesign)
For collective consultation, written copies of that information must be given to employee representatives or unions before decisions are finalised.
If consultation is on contract-changes or dismiss-and-rehire, it should include the impact on terms & conditions, explanation of the rationale, and how feedback will be considered.
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The content of our blogs is intended for general information and not to replace legal or other professional advice.
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