Does my employer have to listen to feedback?
A staff survey gives you no guarantee of being heard. A legal consultation duty is different. Here is how to tell which applies and make your next move.
You tell your manager the care rota is unsafe. You tell the warehouse supervisor your pay is short. The next staff survey asks how valued you feel. An invitation to give feedback is no promise to fix anything. But calling a complaint “feedback” does not let your employer escape the law.
- 50+
- employees needed for the GB consultation-request route
- 15 min
- minimum supporters for a GB information and consultation request
- 180 days
- maximum GB redundancy protective period from 6 April 2026
- 3 mths
- CAC deadline for breaches of consultation arrangements
A voice platform is not consultation
A suggestion box or engagement app creates no general right to a response. That does not excuse unpaid wages, discrimination or a breach of consultation duties. A contractual promise to follow a procedure may also matter.
Statutory consultation requires the employer to follow the rules for the decision, which can mean sharing information and considering alternatives before acting. Some routes use representatives; others allow direct consultation. You do not get a veto.
When your employer must hear you
This guide explains the law as at 1 October 2026, mainly for England, Scotland and Wales. Northern Ireland has separate rules, set out below.
1. Individual grievances
Your written employment particulars must identify the grievance route. The Acas Code sets the process. Breaching it is not a standalone claim, but unreasonable failure can adjust compensation in relevant employee tribunal claims by up to 25%. Workers also have a statutory companion right at qualifying hearings.
2. Health and safety
GB employers must consult employees on health and safety, with no minimum headcount. They use appointed union safety reps for employees those reps represent, or consult directly or through elected reps. The HSE guide covers safety decisions, risk information, training and new technology.
A care worker asked to move a resident without safe equipment needs a safety response, not another engagement survey. Report the specific risk to your manager and safety rep.
3. Collective redundancies
An employer proposing 20 or more redundancies at one establishment within 90 days must consult appropriate representatives under section 188. These are recognised union or, where appropriate, elected employee representatives. Consultation must start in good time and at least 30 days before the first dismissal, or 45 days for 100 or more proposed dismissals. It must cover avoiding or reducing dismissals and mitigating their consequences, with a view to reaching agreement. Required written information includes the selection method and agency worker numbers.
Below that threshold, individual consultation can still matter to whether dismissal is fair. “Fewer than 20” does not mean no rights.
4. Business transfers
A qualifying transfer, including some changes of cleaning or care contractor, brings TUPE information duties for affected employees. Consultation covers measures the employer envisages taking. It must use recognised union or appropriate employee reps where they exist. Since 1 July 2024, direct consultation is allowed if there are no such reps and either the employer has fewer than 50 employees or fewer than 10 are transferring. Having no reps is not, alone, an exemption from elections. See Acas’s guidance.
5. Pension changes
Employers with 50 or more employees must consult affected members for at least 60 days before certain listed pension-scheme changes. This is not a right to consultation on every benefit change. The official consultation guide explains the separate pension duty.
6. Information and consultation arrangements
The Information and Consultation of Employees Regulations 2004, or ICE rules, let employees request ongoing consultation arrangements in qualifying undertakings with 50 or more employees. An undertaking is the organisation covered by the rules, not necessarily your depot or branch. These arrangements do not give you collective bargaining rights or the power to set pay.
If it is about you, use the grievance route
- Write the grievance. Give dates, evidence and the remedy you want, such as correcting unpaid hours. Follow the procedure and keep copies outside your work account without taking confidential records you are not entitled to hold.
- Request a meeting and companion. A qualifying grievance hearing concerns a duty your employer owes you. Choose a colleague, an employed union official or a union rep certified as trained or experienced. This is not a right to bring anyone to every informal conversation.
- Get a written decision and appeal. The Code provides for both. If nobody responds, follow up and record the silence.
- Check the deadline separately. Contact Acas, Citizens Advice, a law centre or your union. A grievance or appeal does not stop the tribunal clock.
Example: a cleaner’s missing hours
Your payslip leaves out hours shown on your rota. Write, “Please treat this as a formal grievance about unpaid hours. The attached rota and payslip show the difference. Please explain the calculation, correct any underpayment and arrange a grievance meeting.” Give the actual dates and hours.
Get advice before resigning to claim constructive dismissal. An ignored complaint does not automatically make that claim succeed.
How to force a consultation body where you work
Start with colleagues and your union. Agree what information you need and who will represent you.
- Check eligibility. You need a qualifying GB undertaking with at least 50 employees. Make a dated written request for headcount data. If the employer refuses or provides false or incomplete data, the CAC can hear a complaint.
- Gather support. You need 2% of employees, with a minimum of 15 and maximum of 2,500. Separate requests within six months can be combined. The 2% rule has applied since 6 April 2020.
- Make a dated written request. Send it to the employer or use the CAC’s confidential route. Give the CAC your name, address and employer details. It checks eligibility without revealing requesters’ names to the employer. You are not anonymous to the CAC.
- Check any existing agreement. It must be written, cover all employees, have their approval and explain how information and views are exchanged. With a valid agreement and a request from fewer than 40% of employees, the employer can hold an endorsement ballot. Your request must win a majority of votes cast and support from at least 40% of all those entitled to vote. Failure on either test bars a fresh request for three years.
- Negotiate. Normally, negotiations must begin within three months of a valid request. The six-month negotiating period starts three months after receipt and can be extended by agreement. The approved arrangement can provide for reps or direct consultation.
- Use the fallback. If negotiations are refused or fail, standard provisions apply on the statutory timetable. They require elected reps, business information and consultation on employment and substantial work or contract changes. The start date depends on how talks ended and when reps are elected. Confirm it with the CAC.
A challenge to an existing agreement has a CAC deadline of 21 days from notification of the intended ballot. Certain ballot challenges also have 21-day limits. Use the correct form promptly.
Example: the warehouse request
A qualifying undertaking has 200 employees. 2% is 4, but you need the minimum of 15 supporters. Suppose a valid existing agreement allows an endorsement ballot. Of 60 votes cast, 50 support the request. That is a majority but only 25% of the 200 eligible voters, below the required 40%. The request fails, barring a fresh request for three years. You need at least 80 supporters in that ballot and a majority of votes cast.
What you can claim if they do not consult
For collective redundancy, the tribunal can order pay for a protected period of up to 180 days per affected employee under section 189. The cap doubled from 90 days on 6 April 2026, but the increase excludes dismissals before that date. The tribunal considers the seriousness of the failure. The maximum is not automatic, and this is separate from statutory redundancy pay.
Example: 30 depot jobs at risk
An employer proposes 30 redundancies at one establishment within 90 days, with the first dismissal on 1 December. Consultation must begin in good time and no later than 1 November, 30 days beforehand. A survey on 20 November cannot repair that missing period. The union or reps should seek advice on a protective-award claim.
TUPE information or consultation failures can attract up to 13 weeks’ pay per affected employee. For an ICE agreement or standard-provisions breach, complain to the CAC within three months of the alleged failure. A successful complaint can lead to an application to the Employment Appeal Tribunal for a penalty of up to £75,000. It goes to the state, not you.
Example: the Acas Code adjustment
On a relevant employee tribunal award of £4,000, a maximum 25% increase adds £1,000, making £5,000. A maximum 25% reduction makes £3,000. The tribunal decides whether and how much to adjust for unreasonable failure to follow the Code. An ignored grievance alone does not generate an award.
Deadlines and where to get help
From 1 October 2026, GB protective-award claims have a six-month period beginning with the last dismissal to which the complaint relates, subject to early conciliation. You can also claim before that dismissal. The transitional rules preserve the old limit for earlier relevant dates. Where the dismissals have taken effect, that date is the last dismissal. The reform does not revive an expired claim.
TUPE consultation claims use the completed transfer date. Transfers on or after 1 October 2026 have the new six-month limit; earlier transfers retain the old one. Get the precise deadline checked, including early conciliation.
Contact Acas for advice and, where required, notify it for early conciliation before claiming. Tell your adviser about unions and redundancy reps because the correct claimant depends on the failure. ICE complaints go to the CAC. See our tribunal guide.
For unsafe work, contact your safety rep and the appropriate enforcing authority, the HSE or local authority. For underpayment, seek advice on a wage claim or minimum-wage complaint. These are enforcement problems, whatever your employer calls them.
Whistleblowing and flexible-working requests
You need a reasonable belief that disclosed information tends to show specified wrongdoing and that disclosure is in the public interest. The recipient and procedure matter. A care worker reporting danger to residents may be whistleblowing; an ordinary rota disagreement is different. Acas explains the protection.
Protected disclosures protect workers against detriment and employees against automatically unfair dismissal. Sexual harassment was expressly added on 6 April 2026. Whistleblowing law does not itself impose a general investigation duty. Separate safety, discrimination or regulatory duties may require action.
GB employees have a day-one right to make a statutory flexible-working request. The employer must consult before refusing and normally decide within two months, unless you agree an extension. You can request changes to hours, times or location, not demand the pattern you want. Use this route for different shifts to collect your child.
Who counts, and who does not
Employment status determines which rights you have. Employees count towards ICE thresholds and can have redundancy, TUPE and flexible-working rights. Workers who are not employees can have accompaniment and whistleblowing rights, but do not ordinarily count towards ICE employee thresholds.
Agency work has a specific ICE rule. During an assignment, an agency worker can be treated as employed by the agency even without an employment contract. They normally count at the agency, not the hiring warehouse or hotel. A zero-hours label does not settle status.
Genuinely self-employed people generally lack these employee consultation and accompaniment rights. Whistleblowing covers some additional categories, including certain NHS practitioners. Safety obligations can also extend beyond employees.
Consultation reps have protections against detriment and dismissal for their role. Safety and whistleblowing protections have their own conditions. An ordinary suggestion does not automatically protect against dismissal. If shifts disappear after a complaint, save the before-and-after rotas and get advice promptly.
For union help, try Usdaw in retail, GMB or Unite in logistics and hospitality, UNISON in care and NHS support, or the Independent Workers of Great Britain in gig work and outsourced services. Ask what help is available for an existing dispute. A consultation forum does not replace a union.
Scotland and Northern Ireland
Scotland uses the same ICE, redundancy and TUPE framework and Acas service as England and Wales. The October deadline reform also applies, except the Scottish employment-tribunal breach-of-contract extension is scheduled for 9 November 2026.
Northern Ireland uses separate laws and the Labour Relations Agency. Its ICE route needs at least 50 employees and 10% support, with a minimum of 15 and maximum of 2,500. Enforcement is through the Industrial Court. With 200 employees, you need 20 supporters, compared with the GB minimum of 15.
Do not apply the GB award cap, October deadline extension or Acas adjustment rules to a Northern Ireland claim. Tribunal limits there are commonly three months less a day, adjusted for LRA early conciliation. Use nidirect and our Northern Ireland guide.
What is still scheduled
An organisation-wide collective redundancy trigger is scheduled for 2027 alongside the establishment test. For now, the trigger remains 20 or more proposed redundancies at one establishment within 90 days.
Questions people ask
Can a survey replace redundancy consultation?
No. It can collect views but cannot replace the required representatives, information and consultation period.
Must my employer agree with my grievance?
No. The Acas Code sets a process, not your preferred outcome. Its breach alone does not create a tribunal claim.
Can we keep an ICE request confidential?
The CAC can check GB requests without revealing your names to the employer. You must identify yourselves to it. Later complaints and hearings are not necessarily private.
Does the new six-month limit cover every complaint?
No. Earlier relevant dates retain old limits. CAC agreement-breach complaints have three-month limits; certain ICE challenges have 21 days. Whistleblowing interim relief has only seven days. Get your exact deadline checked.
What if we have no union or work for a small employer?
Safety consultation has no minimum headcount. Redundancy and TUPE have their own triggers. Below the ICE threshold you cannot use that request route, but can join a union, raise a grievance and check other rights.
Sources
- Information and Consultation of Employees Regulations 2004, legislation.gov.uk.
- Guide to the Information and Consultation Regulations, Central Arbitration Committee.
- Trade Union and Labour Relations (Consolidation) Act 1992, section 188 and section 189, legislation.gov.uk.
- Protective-award transitional provisions, legislation.gov.uk.
- Tribunal time-limit transitional provisions and relevant-date tables, legislation.gov.uk.
- Code of Practice on disciplinary and grievance procedures, Acas; grievance procedure guidance, GOV.UK.
- Employment Relations Act 1999, section 10 and section 13, legislation.gov.uk.
- Consulting employees on health and safety, Health and Safety Executive.
- Who to include in TUPE consultation, Acas.
- Whistleblowing at work: the law, Acas. Ordinary deadline guidance predates the October reform; the seven-day interim-relief limit is separate.
- Flexible working, GOV.UK.
- Employment Rights Act timeline update, GOV.UK, 25 September 2026.
- Northern Ireland ICE Regulations 2005, legislation.gov.uk; information and consultation guidance, nidirect, including pension consultation.
- Annual report 2024 to 2025, CAC. Source for the 35 requests since 2005 and 2 that year.
- Payment of employment tribunal awards, Department for Business, Innovation and Skills, 2013. Historical source for the 49% and 35% payment findings.