How to exercise the right to be accompanied

Once a worker has been invited to the hearing they can request that a companion accompanies them. The request does not have to be in writing and an employee can simply inform their employer that they intend to bring a companion, and the identity of that companion. Putting the request in writing (for example, by email) is preferable, for obvious reasons.

The request must be “reasonable”. Acas suggests that it would not be reasonable to request a companion whose presence might prejudice the hearing or produce a conflict of interest, or who comes from a remote location in circumstances where there is someone suitable on site. However, do not feel inappropriately pressurised by this guidance to accept a rep just because s/he is on site, in place of another rep who is already familiar with your case. There needs to be a proper chance for the rep to get to grips with all the aspects of the case.