17.03.2026

Collective redundancy consultation is already an area where mistakes can be costly. Under the Employment Rights Act, the stakes are getting higher.

That was one of the clearest messages from our video discussion, Making News — The Employment Rights Act 2025: The Big Questions, with Make UK experts.

For employers, this is not just a technical legal issue. It is a practical, operational one too. It affects how businesses track activity, share information across sites, work with representatives and carry out consultation in a way that stands up to scrutiny.

Why this is getting more important

The discussion highlighted two big reasons employers should be paying attention now.

First, collective consultation may become easier to trigger, particularly where activity across different sites needs to be looked at together rather than in isolation.

Second, the cost of getting it wrong is rising.

That combination matters. It means businesses need better visibility, stronger process and earlier escalation when restructuring activity is being considered.

Small decisions may no longer sit in silos

One of the practical points raised in the conversation was that employers will need a much clearer line of sight across the organisation.

Where different parts of the business are making changes at the same time, those decisions may need to be looked at together. That creates a much stronger case for central tracking and communication between HR, leadership and local teams.

If different sites act in isolation, the organisation may miss the point where formal consultation obligations are triggered.

Meaningful consultation is the key test

Another important theme from the discussion was what consultation actually needs to look like.

This is not about holding a meeting for the sake of it. Consultation needs to be meaningful. That means proper discussion with representatives, real opportunity for feedback, and genuine consideration of alternatives before final decisions are made.

It also means employers need to be clear on their own business case. If changes are being proposed, leaders must be able to explain what they are trying to achieve and why.

That clarity helps guide the whole process and makes it easier to respond properly to challenge and feedback.

This is about process and discipline

The discussion returned several times to the importance of process.

  • Who is tracking potential redundancies?
  • Who decides when an issue needs to be escalated?
  • How are representatives identified or elected?
  • How are meetings recorded?
  • How is consistency maintained across multiple locations?

These may sound like operational details, but they are exactly the details that become critical when consultation is under pressure.

Early preparation makes a real difference

A strong takeaway from the discussion was that employers should not wait until a live situation is already moving quickly.

Now is the time to think about whether current systems are good enough, whether managers understand the basics of consultation, and whether the business could spot a potential issue early enough to act properly.

That kind of preparation does not remove difficulty, but it does reduce the risk of getting caught out.

Better coordination supports better decisions

Although the changes increase risk where consultation is mishandled, they also encourage stronger coordination across organisations.

Improved visibility of restructuring activity, clearer escalation routes and more disciplined planning can help leadership teams make more informed decisions during periods of change.

In practice, these improvements can reduce the likelihood of rushed processes and last-minute complications.

Where to go for more detail

For the fuller legal detail, timings and practical actions, read our Spotlight page: How the Employment Rights Act is changing collective redundancy consultation.

Depending on your organisation, you may also want to look at:

You may also want to explore our wider support, including the Employment Rights Act Planner and our Audit and Impact Assessment, if you want a clearer view of where your organisation may be most exposed.

Because many of the changes affect everyday management decisions, we also offer practical Employment Rights Act 2025 training for managers. This focuses on real workplace scenarios, risk signals and escalation points, helping managers understand what is changing, when it matters and how to respond confidently in day-to-day situations.

Preparing early is not only about compliance but about putting your organisation in the strongest possible position for the years ahead.