When a company automates a process across a contact centre, a warehouse or a back office, the number of roles at risk can quickly pass the point where the law treats the redundancies as collective. Alongside the duty to consult representatives, the employer must tell the government. This page sets out the notification duty in the Trade Union and Labour Relations (Consolidation) Act 1992 for employers and for employees and representatives who want to check it has been met.
The short answer: an employer proposing to dismiss as redundant 20 or more employees at one establishment within 90 days or less must notify the Secretary of State in writing, before giving notice of dismissal to any of them and at least 30 days before the first dismissal takes effect. For 100 or more, the minimum is 45 days (s193(1) and (2)). Failing to notify is a criminal offence (s194).
When the duty applies
The count is of employees the employer is proposing to dismiss as redundant at one establishment within a period of 90 days or less. Employees whose proposed dismissal has already been notified are not counted again (s193(3)). In practice, this means an automation programme rolled out in waves needs a running count per site, not a decision at the end.
The Employment Rights Act 2025 has amended section 193 so that the duty can also apply where at least a "threshold number of employees" are proposed to be dismissed, with that number to be set by regulations under a new section 195A, which cannot be lower than 20 (s195A(3)). On legislation.gov.uk these amendments are shown as in force from 6 January 2026 only for the purposes of making those regulations (SI 2026/3, reg 2(14)). Until the regulations are made and the amendments brought fully into force, the per-establishment rules above apply; check the current text before relying on it.
What the notice must contain
- It is given to the Secretary of State by delivery or by post, at the address the Secretary of State directs (s193(4)(a)).
- Where there are representatives to be consulted under section 188, it must identify them and state the date consultation with them began (s193(4)(b)).
- It must be in the form, and contain the particulars, the Secretary of State directs (s193(4)(c)), and the Secretary of State may ask for further information in writing (s193(5)).
- Where there are representatives, the employer must give each of them a copy of the notice (s193(6)).
If special circumstances make it not reasonably practicable to comply, the employer must take all steps towards compliance that are reasonably practicable. Where the decision is made by a person controlling the employer, such as a parent company, that person's failure to give the employer information is not a special circumstance (s193(7)). So a parent company that is slow to share its automation plans does not give the employer an excuse.
The offence
An employer who fails to give notice in accordance with section 193 commits an offence, punishable on summary conviction by a fine not exceeding level 5 on the standard scale (s194(1)). Where the offence by a company is committed with the consent or connivance of, or is attributable to neglect by, a director, manager, secretary or similar officer, that person is also guilty (s194(3)).
How it fits with consultation
Notification is separate from the duty to consult representatives about collective redundancies, which carries its own time limits and remedies. For the consultation rules and how they compare with the EU, see AI layoffs and consultation rules. For choosing who goes, see redundancy selection; for payments, redundancy pay; for representatives' rights, union disclosure of information.
Practical steps
- Employers: count proposed redundancies per establishment over any 90 day window as soon as an automation plan is drafted. Diary the notice date before any dismissal notices go out, send copies to representatives, and keep proof of delivery.
- Representatives and employees: ask for a copy of the notice and the date consultation began. If 20 or more roles at one site are going and no notice was given, raise it in writing with the employer.
These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
When must an employer notify the government of redundancies caused by automation?
When it proposes to dismiss as redundant 20 or more employees at one establishment within 90 days or less: in writing, before giving any dismissal notice and at least 30 days before the first dismissal takes effect, or 45 days for 100 or more (TULRCA 1992, s193).
Is it an offence not to notify?
Yes. Failing to give notice under section 193 is an offence punishable by a fine up to level 5 on the standard scale, and responsible officers can also be guilty (s194).
Can a parent company's late decision excuse a late notice?
No. A controlling person's failure to give the employer information is not a special circumstance (s193(7)).
Has the Employment Rights Act 2025 changed the threshold?
It allows a threshold number of employees to be set by regulations (not lower than 20). Legislation.gov.uk shows the change in force only for making those regulations; until then the per-establishment rules apply.