The current UK employment landscape is presenting significant challenges for employers. Factors such as rising National Minimum Wage rates, increased employer National Insurance contributions, and ongoing economic pressures are all contributing to a notable rise in redundancies across industries. For many employers, managing workforce changes has become a delicate balancing act between financial necessity and legal responsibility.
In this context, the HR1 form plays a critical role. When an employer is proposing to make collective redundancies, submitting the HR1 form is not just a procedural task; it’s a legal requirement under UK employment law. Failing to complete and submit the form correctly and on time can result in serious consequences, including prosecution and unlimited fines.
This guide explains everything employers and HR professionals need to know about the HR1 form, from legal obligations and step-by-step completion to how Kingfisher Professional Services can support you through the process.
Understanding the HR1 Form
What is the HR1 Form?
The HR1 form is the official document that employers must use to notify the Secretary of State (via the Insolvency Service) about proposed collective redundancies. It’s a requirement under Section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992, commonly referred to as TULRCA.
Collective redundancies occur when an employer proposes to dismiss 20 or more employees at a single establishment within a 90-day period for reasons not related to the individuals concerned. The HR1 form ensures that the government is alerted to the scale of redundancies in advance, allowing time for oversight, intervention, and employee support.
Submission of the HR1 form is required even where employees volunteer for redundancy, and even if not all redundancies go ahead. The act of proposing redundancies is what triggers the legal requirement.
Legal Requirements and Thresholds
Employers are legally required to submit the HR1 form when they are proposing:
- 20 to 99 redundancies: at least 30 days before the first dismissal.
- 100 or more redundancies: at least 45 days before the first dismissal.
These thresholds apply to each individual “establishment” rather than the business as a whole. For example, if a business has multiple retail locations, the threshold is applied per location.
Failure to comply with these timeframes is a criminal offence. Companies and their directors or senior officers can be prosecuted and face unlimited fines. Non-compliance also carries reputational damage, employee unrest, and disruption to business continuity.
Employers must also ensure that proper consultation with employee representatives or recognised trade unions begins alongside the notification. The consultation must be meaningful and genuine, with an aim to explore ways to avoid or minimise redundancies.
Completing the HR1 Form: Step-by-Step Guide
Section 1: Employer and Establishment Details
The first part of the HR1 form collects essential administrative data:
- Legal and trading names of the employer: Ensure these match your Companies House registration.
- Company number: This helps the Insolvency Service verify your business.
- Contact details: Include the name, email address, and telephone number of the responsible officer – usually someone from senior management or HR.
- Establishment address: This is the physical location where the affected employees work. It should not be confused with your company’s registered office if that is elsewhere.
Be clear and consistent in how you define the “establishment”. Legal disputes have arisen in the past over whether redundancies were counted per department, per site, or across the company. Getting this wrong can trigger incorrect thresholds and non-compliance.
Section 2: Redundancy Details
This section outlines the scope of your proposed redundancies:
- Total number of employees employed at the establishment.
- Number of employees you propose to make redundant.
- Job categories and roles affected.
- Dates of proposed first and final dismissals.
You must provide the reason for redundancies. Common examples include:
- Economic challenges or cost-cutting.
- Business closure or relocation.
- Mergers, acquisitions, or restructures.
- Withdrawal of funding or end of contracts.
Transparency is essential. Vague or misleading information could cast doubt on the legitimacy of the process, especially in the event of a tribunal claim or protective award challenge.
Section 3: Consultation Process
Employers must engage in a collective consultation process before making any redundancies. The HR1 form requires you to confirm:
- When consultation started or will start.
- The type of representatives involved – either trade union reps or elected employee reps.
- How information is being shared and feedback collected.
Consultation must cover several mandatory topics:
- Reasons for the redundancies.
- Number and categories of employees involved.
- Selection criteria and method.
- Proposed timeline.
- Potential alternatives (e.g., redeployment, reduced hours).
Employers should also explain the election process used to appoint representatives if no union is recognised. Poor consultation can lead to a tribunal awarding a protective award – up to 90 days’ pay per affected employee.
Section 4: Declaration and Submission
The final section of the form includes a declaration to confirm that:
- All information is true and complete.
- Consultation has begun (or will begin).
- The correct notification period will be observed.
The form must be signed and dated by a senior responsible officer. It should then be submitted to the Redundancy Payments Service (RPS) via email or post as instructed.
A copy must also be provided to:
- Each recognised trade union or employee representative.
- Internal HR records (recommended for audit purposes).
Retain proof of submission. An emailed confirmation or postal delivery record may be required in case of dispute.
Common Pitfalls and How to Avoid Them
Late Submission
One of the most common and serious mistakes is failing to submit the HR1 form in time. This undermines the entire consultation process and is a prosecutable offence.
Consequences of late submission include:
- Tribunal challenges from employees.
- Protective awards.
- Regulatory investigations.
- Criminal prosecution and unlimited fines.
Avoidance strategies:
- Begin planning redundancies at least 60 days in advance.
- Set internal deadlines and reminders for submission.
- Assign a named officer responsible for compliance.
- Work backwards from dismissal dates to determine latest allowable filing dates.
Inaccurate Information
Another critical issue is providing inconsistent or incorrect information. This can lead to:
- Confusion during consultation.
- Legal disputes or loss of credibility.
- Misapplication of redundancy selection criteria.
Best practices include:
- Cross-reference data with payroll and HRIS systems.
- Have the form reviewed by legal or HR compliance officers.
- Keep a checklist of required fields and double-check before submission.
The Role of Kingfisher in Supporting Employers
Kingfisher Professional Services offers comprehensive support for businesses managing collective redundancies. With deep expertise in employment law and HR consultancy, Kingfisher helps employers:
- Navigate redundancy thresholds and identify when HR1 submission is necessary.
- Conduct lawful, well-documented consultations with employee representatives.
- Develop clear communication plans for affected staff.
- Avoid legal pitfalls and maintain procedural fairness.
Whether you are considering voluntary redundancies, restructuring operations, or closing a site, Kingfisher provides step-by-step guidance rooted in legal best practice and tailored to your organisation’s needs.
Conclusion
The HR1 form is a legal linchpin in the collective redundancy process. As the economic pressures on UK businesses intensify, more employers are facing difficult decisions around workforce reductions.
Submitting the HR1 form accurately and on time is not optional; it is a legal requirement under UK employment law. Employers who fail to meet their obligations risk significant penalties, reputational harm, and loss of employee trust.
With expert support from Kingfisher Professional Services, you can navigate the redundancy process with confidence, clarity, and compliance.