Being made redundant at work can be a scary process. You might be worried about paying for your living expenses or entering a job market where you’re competing with colleagues. It’s a highly stressful time, especially if your employer doesn't play fair.
If you, and at least 19 others who work at the same location, are made redundant within a 90 day period, this is called a “mass” or “collective” redundancy. Mass redundancy triggers additional legal protection for employees. And if your employer doesn’t treat you fairly, you may be entitled to a Protective Award.
What is collective consultation?
In any redundancy situation, you have the right to a meaningful conversation with your employer (individual consultation). In a mass redundancy, the law requires an additional step called collective consultation. This is a series of meetings between the employer and employee representatives (such as a trade union or other nominated staff spokesperson) where information is shared for the purpose of finding solutions.
What happens during collective consultation?
The employer explains the proposed changes and why they are necessary. This will include the number of redundancies and the selection criteria. The employee representatives share feedback from the affected staff. There should be an ongoing collaborative discussion about how to avoid redundancies and / or reduce their impact.
When does collective consultation happen?
If less than 100 people are being made redundant, collective consultation must start at least 30 days before a redundancy notice is issued. If it’s more than 100 people, it’s 45 days prior to anyone receiving a redundancy notice. This does not affect your notice period, which can only commence after the time period for collective consultation has passed.
My employer didn’t do a collective consultation - what do I do?
If you were made redundant as part of a collective redundancy and your employer didn’t do a collective consultation, you can make an Employment Tribunal claim for a Protective Award (compensation), regardless of how long you worked there. In very rare circumstances (such as sudden and unexpected insolvency) an employer may have a valid defence.
There was a collective consultation, but it wasn’t genuine - can I still claim a Protective Award?
Yes. To meet their legal obligations, your employer must offer honest information, act in good faith, listen and respond to ideas, and approach the process with a genuine view to avoiding and / or reducing redundancies.
Do I have to raise the claim myself?
It depends on the situation. If a recognised trade union or other elected staff representatives were authorised to consult on the redundancies, they must raise the action on your behalf. Otherwise, you can raise your own claim or form a group claim with other affected colleagues. Your name and your job role must be included within a tribunal judgement for you to receive compensation.
How much is a Protective Award?
If the company is solvent, your employer will have to pay you up to 90 days gross pay (this is set to double to 180 days from April 2026). If the company is insolvent, the Government will pay you up to eight weeks of pay, capped at £571 per week.
As from January 2025, the Protective Award can be increased by up to 25% if your employer also failed to comply with the Code of Practice on Dismissal and Re-engagement (which directs employers who dismiss and re-hire employees on new contract terms).
Am I eligible for any other compensation?
If you’re making a claim for a Protective Award, you may be eligible for other forms of compensation. This could include redundancy pay, notice pay, holiday pay and arrears of pay.
Understand your rights before you take your next step
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