The employer’s response

Under the Acas Code, an employer should consider the request and arrange to discuss it with the employee as soon as possible. The discussion need not always be face-to-face. If both parties agree, it can take place in some other way, for example over the phone. The Code says that where possible, the discussion should take place in private. There is no need for a discussion if the request is simply approved.

There is no statutory right to be accompanied under the new procedure but paragraph 5 of the Code says that employers should allow an employee to be accompanied “by a work colleague” and that the employee should be “informed about this prior to the discussion”. The Acas guidance says it is “good practice” to allow employees to be accompanied by a work colleague or trade union rep, and that employers should consider specific needs of disabled workers, and non-native English speakers.

The request must be considered “carefully”, looking at the benefits to both sides and weighing these against any adverse business impact. The employer must not discriminate unlawfully.

The employer must communicate their decision to the employee in writing as soon as possible. If the request is accepted, with or without modifications, there should be a discussion as to how best it can be implemented.

The employer must consider and decide all requests, including any appeals, within three months of receipt, unless the parties agree to extend time (section 80G ERA 96, section 132 CFA 14).