Can I have someone with me when I discuss flexible working with my employer?

You have the right to be accompanied at meetings or appeal meetings to discuss your request. The companion you choose must be a fellow worker employed by the same employer as you. This also applies if you choose a union representative as your companion. But the union representative may work at another site or establishment as long as the overall employer is the same. Your companion is permitted to address the meeting (but not to answer questions on your behalf), and may also confer with you during the meeting.

Your contract of employment or employer’s collective agreement with your union may give wider rights of representation at meetings, and you should check your rights on this carefully.

The employer may also be prepared to allow a union official or other expert on flexible working not employed by the organisation to participate in meetings if you wish them to do so.

If your employer refuses, or threatens to refuse, to allow you be accompanied at meetings or appeal meetings you have a separate right to complain to an employment tribunal. This complaint must in general be made within three months of the failure, or threat of failure, to comply. The tribunal will only extend this time limit if it is satisfied that it was not reasonably practicable for the complaint to have been brought within that period (and then only for such further period as it considers reasonable).

If you succeed in this claim, you are entitled to an award of compensation of up to two weeks’ pay (capped with an upper limit).

Your employer must allow your companion, whether a union representative or not, a reasonable amount of paid time off work during working hours to accompany you to a meeting or appeal meeting.

The TUC Know Your Rights leaflet You’re Not Alone gives further information on the right to be accompanied at other workplace hearings like disciplinaries and grievance hearings.