England and Wales commercial and regulatory procedures
When must consultation start for 100 or more proposed redundancies?
In good time and at least 45 days before the first dismissal. Begin consultation with the appropriate representatives. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
- Period
- In good time and at least 45 days before the first dismissal
- Trigger
- First proposed dismissal takes effect
- Rule
- Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7). The retained source governs begin consultation with the appropriate representatives. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
Source guide · No automated date
Check the applicable procedure
The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances. Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day. The actual first proposed dismissal takes effect and required completion must be established before using a final date.
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When must consultation start for 100 or more proposed redundancies?
In good time and at least 45 days before the first dismissal. Begin consultation with the appropriate representatives. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
Responsible actor. Employer subject to section 188.
First proposed dismissal takes effect.
The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)How does this provision count time?
- Begin consultation with the appropriate representatives.
- Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day.
- The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day.
Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Which facts prevent one automatic date?
The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances. Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day. The actual first proposed dismissal takes effect and required completion must be established before using a final date.
The employer subject to section 188 has established the applicable procedure and first proposed dismissal takes effect. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances. Begin consultation with the appropriate representatives. In good time and at least 45 days before the first dismissal. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for begin consultation with the appropriate representatives. Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day. Resolve this boundary under the identified provision and actual completion route. Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day.
The proposed timetable meets the numeric minimum but leaves insufficient time for meaningful consultation. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances. The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
- Counting and completion boundary
- Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day.
- The 45-day period is a minimum lead time. The separate requirement to begin in good time can require an earlier start. Establish the operative threshold, first effective dismissal and any genuine special circumstances.
- Employer subject to section 188. First proposed dismissal takes effect. Begin consultation with the appropriate representatives. Retain the statutory before-dismissal boundary. Do not move a latest starting point forward because it falls on a closed day.
What must the responsible actor complete?
Questions about this procedure
When must consultation start for 100 or more proposed redundancies?
Does the minimum make any consultation timetable lawful?
No. Consultation must also begin in good time and address avoiding, reducing and mitigating dismissals.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Does giving termination notice start this period?
The statutory anchor is when the first dismissal takes effect.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Can the parties agree to shorten the minimum?
The numeric statutory minimum does not contain a general waiver by agreement.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)What if an employer’s parent withholds information?
Section 188(7) expressly excludes the controller’s information failure as qualifying special circumstances.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Are consultation and HR1 the same act?
No. Consultation engages representatives; HR1 notifies the Secretary of State.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Can a weekend justify a later consultation start?
Do not add court-filing rollover to the statutory minimum lead time.
Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Trade Union and Labour Relations (Consolidation) Act 1992, section 188(1A)(a), (2) and (7) | 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 |