LRD guides and handbook May 2018

Law at Work 2018

Chapter 9

The employer’s response 




[ch 9: page 309]

The employer must deal with the request in a “reasonable manner” and notify the employee of their decision within three months of the request date (including any appeal), unless a longer period has been agreed.
Under the Acas Code, the 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 over the phone. The Code says that where possible, the discussion should be 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 the Code says 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 the specific needs of disabled workers and non-native English speakers. 



There is a statutory right to be accompanied to any grievance hearing connected to the application, for example if an employee considers that sex discrimination has taken place (see Right to be Accompanied, page 362).