New ACAS code now in force

The new Code clarifies the position concerning the right to be accompanied to hearings and states:

“The statutory right is to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker. Employers must agree a worker’s request to be accompanied by any companion from one of these categories” (our emphasis).

The other parts of the Code have not been changed. This new change may give rise to issues, where individuals wish to be accompanied, say, by someone whom the employer considers is not suitable e.g. the “co-accused” and limits the circumstances in which employers may reject a worker’s request.

Employees may receive compensation for a breach of the right to be accompanied, up to a maximum of two weeks’ pay.

This content is correct at time of publication