In the current economic climate, we anticipate that in 2023 many organisations will have to consider redundancies or a change to terms and conditions of employment in order to save costs.
Depending on the numbers involved, this may trigger a duty to collectively consult. Failure to comply with such a duty can lead to employment tribunal claims for a protective award of up to 90 days' gross pay for each affected employee. This is intended to punish the employer for not complying with its obligations.
As the consequences of getting it wrong can be significant, it is important to be aware of when the duty to collectively consult arises and what is required to comply with this obligation. We have set out below our top 10 tips.
Written by
Related News, Insights & Events

Burness Paull & the Scottish Wholesale Association webinar: The new duty to prevent sexual harassment in the workplace
13/05/2025 - Online
Webinar discussing the new duty to prevent sexual harassment in the workplace.

For Women Scotland Ltd v Scottish Ministers: Supreme Court rules on meaning of “sex"
The Supreme Court has ruled that “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex, clarifying how sex-based rights apply in law.

Top tips for implementing and managing effective neonatal care procedures
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 provides parents with a new entitlement of to up to 12 weeks’ leave and pay whilst their child requires neonatal care.