Carlsberg's Burton brewery closure: what employees need to know

On 8 October 2026 Carlsberg Britvic announced a proposal to close Marston's Brewery in Burton upon Trent, together with its main logistics operation on the site, in summer 2027. Around 300 jobs are affected. Martin De Ridder, Managing Director of Ansons Law, who advises employees and employers on redundancy, explains what the announcement means for the workforce and the rights that protect them.

The announcement is a proposal, not a final decision. It is subject to consultation, and employment law gives affected staff real protection while that consultation takes place.

Key takeaways

• The closure is a proposal and must go through formal consultation before anyone can be dismissed.
• Where 100 or more redundancies are proposed at one site, collective consultation is required and must start at least 45 days before the first dismissal.
• Employees with at least two years' service qualify for a statutory redundancy payment. The amount depends on age, length of service and weekly gross pay (see the calculation method below). The current maximum statutory redundancy payment is £22,530.
• Contractual or enhanced redundancy terms may give you more than the statutory minimum.
• Do not resign before your dismissal takes effect without taking advice, as you may lose your redundancy pay.
• In addition to your Statutory Redundancy Payment, you may have other rights (see below).

Has a decision already been made?

No. Carlsberg Britvic has said the closure is proposed and subject to consultation. Staff and trade union members were told on 8 October, and the proposed closure date is currently summer 2027. Nothing changes immediately, and employees should continue to work and be paid as normal.

Consultation exists to look at whether redundancies can be avoided, whether the numbers can be reduced, and how the effects on employees can be lessened. Proposals can and do change during consultation, and employees and their representatives are entitled to put forward alternatives.

How long must the consultation last?

Where an employer proposes to make 100 or more employees redundant at one establishment within 90 days, section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 requires collective consultation to begin at least 45 days before the first dismissal takes effect. For 20 to 99 proposed redundancies, the minimum is 30 days.

The 45 days is a minimum, not a deadline. With a proposed closure date in summer 2027, the consultation here is likely to run for considerably longer. The employer must also notify the Government of the proposed redundancies as part of the consultation process.

Consultation must be genuine. It has to take place with a view to reaching agreement with the employee representatives, not simply to tell them what has already been decided.

Who does the employer consult with?

Where a trade union is recognised, the employer consults with the union. For employees not covered by a recognised union, the employer must give the opportunity for employee representatives to be elected, and take steps to assist the employees in doing so. The employer must give the representatives written information, including:

• the reasons for the proposals;
• the numbers and descriptions of employees it proposes to dismiss;
• the total number of employees of each description at the site;
• how employees will be selected;
• how the dismissals will be carried out, and over what period; and
• how any redundancy payments will be calculated, and any other terms of the redundancy which are proposed.

Each employee should also be consulted individually before being dismissed. This is your opportunity to raise your own circumstances, ask about other roles in the business, put forward any suggestions that you have and which may not have been considered, and check that your figures are right.

What if the employer does not consult properly?

A claim can be brought for a protective award. Since 6 April 2026, following the Employment Rights Act 2025, the maximum award is 180 days' gross pay for each affected employee, double the previous limit. The award is based on actual pay, with no weekly cap. Employers therefore have a strong financial reason to follow the process correctly.

Am I entitled to statutory redundancy pay?

If you are an employee with at least two years' continuous service when your employment ends, you are entitled to a statutory redundancy payment. It is calculated from your age, length of service and weekly pay:

• half a week's pay for each full year worked while under 22;
• one week's pay for each full year worked while aged 22 to 40; and
• one and a half weeks' pay for each full year worked while aged 41 or over.

A maximum of 20 years' service counts, and weekly pay is capped. For dismissals between now and 6 April 2027 the current cap is £751 a week. The maximum statutory payment is £22,530, which is only reached by someone with 20 years' service, all of it from age 41, earning £751 a week or more. These limits are normally increased each April, so dismissals in summer 2027 are likely to be calculated on a higher figure.

For example, an employee aged 45 with 15 years' service who earns £600 a week would receive 17 weeks' pay: six weeks for the four years worked from age 41, and eleven weeks for the eleven years before that. That gives a payment of £10,200.

The first £30,000 of a genuine redundancy payment is free of income tax.

Could I receive more than the statutory amount?

Possibly. Many large employers have enhanced redundancy terms in their contracts or policies, and improved terms are sometimes agreed with unions during consultation. Check your contract of employment, staff handbook and any collective agreement.

If you are offered a package in exchange for signing a settlement agreement, you must take independent legal advice from a qualified legal advisor before signing it. Employers commonly contribute towards the cost of that advice.

What other rights do I have?

• Notice. You are entitled to your contractual notice or statutory notice, whichever is longer. Statutory notice is one week for each complete year of service, up to 12 weeks.
• Time off to look for work. Employees with two years' service can take reasonable paid time off during their notice to look for work or arrange training – this goes beyond simply attending interviews, and reasonable time off work may be up to 40% of working time.
• Alternative employment. If there are suitable vacancies elsewhere in the business, you should be considered for them. If you accept a different role, you have a statutory four-week trial period without losing your right to redundancy pay. Unreasonably refusing a suitable offer can mean losing your redundancy payment.
• Fair treatment. Where only some roles are lost, selection must be fair and must not discriminate. Employees with the required length of service can bring an unfair dismissal claim if the process is unfair. The qualifying period reduces from two years to six months for dismissals from 1 January 2027. Where a claim exists for discrimination on a protected characteristic, there is no prerequisite continuous employment required.
• Continuity of service. Earlier service with Marston's or another group company may count towards your continuous service. Check the start date on your redundancy calculation.

What should employees do now?

• Keep working normally and do not resign. If you leave before you are dismissed, you are highly likely to lose your right to redundancy pay.
• Gather your contract, recent payslips and any redundancy policy.
• Check your start date and continuous service.
• Take part in the consultation. Raise questions through your union or elected representative, and attend your individual meetings.
• Ask about vacancies at other sites.
• Take advice before signing anything, particularly a settlement agreement or a COT 3 agreement.

How we can help

Our Employment Law team advises employees and employers on redundancy, collective consultation and settlement agreements. From our offices across the Midlands, we are well placed to help those affected in Burton and the surrounding area.

If you need advice on redundancy or a settlement agreement, please fill out the contact form on this page, email info@ansons.law or call 01543 267988 and a member of our Employment Law team will get back to you.

This article is for general information only and does not constitute legal advice. Specific legal issues always require the advice of a qualified legal professional.

Photo: Marston's Brewery, Shobnall, Burton upon Trent, 1998, by Chris Allen, licensed under CC BY-SA 2.0. Cropped, enlarged and colour-adjusted by Ansons Law; the edited image is shared under the same licence.