Collective consultation: the importance of preparation and communication
When you’re managing a consultation, focus is often on the end-game – delivering the proposed change within the timescales.
As such, it can be easy to forget how important preparation and communication are to the successful delivery of that consultation, as evidenced recently by Amazon. In this instance, an email announcing job losses before staff had been formally notified, was attached in error to a calendar invite. The message was apparently shared by mistake, as it was quickly cancelled. Incidents like these serve as a reminder that preparation and communication in consultations is critical to getting the process right, not only to comply with legal requirements but also to safeguard employee engagement and organisational reputation.
Collective consultation
Collective consultation is a legal requirement when an employer proposes to make 20 or more redundancies (or potential dismissals under ‘fire and rehire’) within a 90-day period. The process ensures affected employees are properly informed and consulted before decisions are finalised. Employers must adhere to strict legal obligations, including timelines, the content of shared information, and a duty to engage genuinely with employees or their representatives.
Preparation: the key to success
Preparation is fundamental to a successful collective consultation process. Employers must approach redundancies with a clear plan that addresses both legal compliance and the human impact of their decisions.
Key aspects of preparation include:
- Clarity of objectives: Employers should clearly document the rationale for redundancies, whether for cost reduction, restructuring, or efficiency improvement. Transparent communication of these objectives is essential.
- Assessment of legal obligations: Employers must meet all legal requirements, including notifying the Secretary of State using an HR1 form and engaging employee representatives, whether trade unions or elected representatives.
- Timing and resources: Adequate time must be allocated for meaningful dialogue, with flexibility for extensions if needed. Employers should ensure sufficient HR support and resources to manage the process effectively.
- Internal coordination: Messaging, timing, and processes should be aligned across internal teams before communication begins. Amazon’s error highlights the risks of poor coordination.
Communication: the heart of collective consultation
Effective communication fosters trust, minimises uncertainty, and maintains morale during redundancies. Employers should prioritise clear, consistent, and empathetic communication throughout the process.
Best practice includes:
- Transparency: Employees should be informed of the reasons for redundancies, the steps being taken, and the process timeline. Honest communication reduces speculation and anxiety.
- Empathy: Acknowledging the challenges faced by affected individuals through empathetic language demonstrates respect and value for employees.
- Consistency & coordination: Mixed messages undermine trust. Amazon’s premature email illustrates the importance of carefully coordinated communications.
- Engagement: Employers must genuinely engage with employee representatives, consider their feedback, and explore alternatives to redundancies where possible.
Further information and support
The Government has recently announced that changes to legislation covering ‘fire and rehire’ have been pushed back to January 2027. This gives employers more time to prepare, and to consider undertaking consultations before the changes come into effect.
