The case of Micro Focus Ltd v Mildenhall highlights how Tribunals should determine whether redundancies are ‘proposed' and therefore subject to the duty to collectively consult.

EAT provides clarity about when collective redundancies are 'proposed.'

The case of Micro Focus Ltd v Mildenhall highlights how Tribunals should determine whether redundancies are 'proposed' and therefore subject to the duty to collectively consult.

On the cusp of changes to the collective consultation regime resulting from the Employment Rights Act 2025, this case serves as a timely reminder for employers embarking on organisational change and restructure programmes.

Collective consultation

Under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 ("TULRCA"), the duty to collectively consult is currently triggered when an employer is 'proposing' to dismiss 20 or more employees at one establishment in a 90-day period. This covers both large-scale redundancies and dismissal and re-engagement programmes.

In our December article, we detailed the key changes to collective consultation arising from the Employment Rights Act 2025: Employment Rights Act 2025 – key points employers need to know now

Whilst the existing establishment-based trigger to collectively consult will remain for employers, there will be an additional, aggregate trigger based on the number of dismissals proposed across the whole organisation. We await further details of this new trigger, which will be the subject of...

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