Collective Consultations

In some claims or issues, employees are not alone. A particular event or process applied by an employer may affect a large group of employees.

In some claims or issues, employees are not alone. A particular event or process applied by an employer may affect a large group of employees. In these scenarios, each individual employee may have a claim based on the same facts, that can be pursued as a group claim against the employer. The advantage of this for you is that the time, costs and energy to pursue a claim, can be divided between the group, rather than you manging the matter on your own. In pooling your resources, employees can gain an advantage, not just financially but also in relation to knowledge and approach.

Group claims can arise in a number of scenarios but the most common are:

  1. For a failure to inform and consult in relation to 20 or more redundancies or a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006
  2. For a statutory redundancy pay
  3. For holiday pay, where holiday pay has been paid at the wrong rate or not at all
  4. For the national minimum wage
  5. For recognition as employees or workers, rather than self-employed individuals; and
  6. For Equal Pay, in particular where a group of employees doing the same role are paid less than a member of the opposite sex performing a similar role.


At Herrington Carmichael, we have a track record of successfully pursuing group action claims. For example, we successfully represented over 200 ex-employees of King & Wood Mallesons LLP in relation to a failure to inform and consult in relation to their redundancy. A press release can be found here

If believe you may be part of a group claim and need some further support. Please contact us now and we would be happy to assist.

Enquire about this service
Preferred office:
Submit enquiry
Call Us:
Wokingham +44 (0)1189 774 045
Key contacts
Alistair McArthur
Partner - Head of Employment Department