England and Wales commercial and regulatory procedures
When does the collective redundancy consultation duty arise?
Rolling 90-day aggregation window, not a filing deadline. Identify the duty and consult the appropriate representatives. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
- Period
- Rolling 90-day aggregation window, not a filing deadline
- Trigger
- Proposal to dismiss at least 20 employees at one establishment within 90 days or less
- Rule
- Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3). The retained source governs identify the duty and consult the appropriate representatives. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
Source guide · No automated date
Check the applicable procedure
The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement. Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation. The actual proposal to dismiss at least 20 employees at one establishment within 90 days or less and required completion must be established before using a final date.
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When does the collective redundancy consultation duty arise?
Rolling 90-day aggregation window, not a filing deadline. Identify the duty and consult the appropriate representatives. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
Responsible actor. Employer proposing collective redundancies.
Proposal to dismiss at least 20 employees at one establishment within 90 days or less.
The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)How does this provision count time?
- Identify the duty and consult the appropriate representatives.
- Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation.
- The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation.
Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Which facts prevent one automatic date?
The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement. Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation. The actual proposal to dismiss at least 20 employees at one establishment within 90 days or less and required completion must be established before using a final date.
The employer proposing collective redundancies has established the applicable procedure and proposal to dismiss at least 20 employees at one establishment within 90 days or less. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement. Identify the duty and consult the appropriate representatives. Rolling 90-day aggregation window, not a filing deadline. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for identify the duty and consult the appropriate representatives. Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation. Resolve this boundary under the identified provision and actual completion route. Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation.
A proposal involves employees at several establishments and relies on an uncommenced organization-wide threshold. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement. The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
- Counting and completion boundary
- Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation.
- The establishment-based branch remains operative. ERA 2025 section 29 was commenced for regulation-making purposes only by SI 2026/3 regulation 2(14). Do not treat the prospective organization-wide threshold as an operative replacement.
- Employer proposing collective redundancies. Proposal to dismiss at least 20 employees at one establishment within 90 days or less. Identify the duty and consult the appropriate representatives. Assess proposals within the actual rolling period. This is not a 90-day permission to postpone consultation.
What must the responsible actor complete?
Questions about this procedure
When does the collective redundancy consultation duty arise?
Does the duty start only after dismissals occur?
No. Section 188 addresses the employer’s proposal to dismiss.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Are twenty employees anywhere in the organization enough?
The operative statutory branch concerns twenty or more at one establishment. Check any later commencement and threshold regulations separately.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Is ninety days the consultation period?
No. It is the aggregation window for the threshold.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Do agency-worker numbers have to be disclosed?
Section 188(4)(g) to (i) requires specified agency-worker information.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Which representatives must the employer consult?
Section 188(1B) distinguishes recognized independent union representatives from eligible employee representatives.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Can already-consulted proposals be counted again automatically?
Section 188(3) excludes employees whose proposed dismissals have already begun consultation.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1), (1A) and (3) | Check the identified procedure, event, counting rule or qualification |
| The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, regulation 2(14) | Check the identified procedure, event, counting rule or qualification |