Acas proposes changes to disciplinary and grievance procedures
27th Aug 2026
Author: Mohammed Balal
Acas (The Advisory, Conciliation and Arbitration Service) has published a draft revised Code of Practice on disciplinary and grievance procedures, proposing the first comprehensive update to the Code since 2009. The new draft places much greater emphasis on resolving workplace concerns early, before they develop into formal disciplinary or grievance proceedings.
The proposals are currently subject to consultation and may change before a revised Code comes into force. However, employers may want to consider what the proposed changes could mean for their existing policies, procedures and manager training. Employment Law specialist Mohammed Balal explains how the proposals may affect employers and employees.
What changes are proposed to the Acas Code?
Greater emphasis on informal resolution
One of the most significant proposed changes is that informal resolution would become part of the statutory Code itself.
The current Code focuses primarily on formal disciplinary and grievance procedures, with informal resolution addressed outside the statutory provisions. Under the draft Code, employers and workers would be encouraged to raise and resolve concerns early where appropriate.
This does not mean that every issue must be dealt with informally first. The draft recognises that formal action may be appropriate from the outset, for example where there are concerns about gross misconduct or another serious matter.
Where an employer decides to proceed to a formal disciplinary meeting, the written notification should state what steps have already been taken to try to resolve the concern informally or explain why no informal steps were taken. Similarly, a worker raising a formal grievance should set out any informal steps already taken or explain why none have been taken.
This is important because, if the proposals are adopted, the informal resolution provisions would form part of the statutory Code and could therefore be taken into account by an Employment Tribunal in a relevant case. Where there has been an unreasonable failure to comply with the Code, certain tribunal awards can be increased or reduced by up to 25%.
A more cautious approach to suspension
The draft Code also provides more detailed guidance on suspension during a disciplinary investigation.
It says suspension should only be considered where it is necessary to comply with a legal requirement or where an employer reasonably believes it is needed to protect the investigation, the organisation, other staff or the person being investigated. Any suspension should be as brief as possible and kept under review.
For employers, this makes it particularly important to consider the circumstances carefully rather than treating suspension as an automatic response to a serious allegation. The reasons for the decision should be clear, and the suspension should be communicated sensitively, including making it clear that suspension is not itself disciplinary action.
Greater recognition of reasonable adjustments
The draft Code expressly addresses employers’ obligations under the Equality Act 2010, including the duty to make reasonable adjustments for workers with a disability.
Depending on the circumstances, this could mean adapting the way a disciplinary or grievance process is conducted, providing documents in a more accessible format or allowing additional support to help someone participate fairly in a meeting.
More focus on training
The proposals also identify training and support for managers, workers and representatives as good practice.
For employers, this is a useful reminder that a well-written disciplinary or grievance policy is only part of the picture. Managers who may be asked to deal with workplace concerns need to understand how to handle them fairly, promptly and consistently.
Mediation and facilitated conversations
Mediation and facilitated conversations would also be expressly included in the Code for the first time.
The draft says these approaches may be useful for some workplace concerns, particularly problems involving working relationships. If mediation or a facilitated conversation is agreed during an existing formal disciplinary or grievance process, the draft Code says the formal procedure should be paused.
They will not be suitable for every situation and participation is voluntary.
Why does the draft Code use the term “worker”?
Another noticeable change is the wider use of the term “worker” rather than “employee”.
Acas says this reflects the broader range of people who may be involved in workplace procedures. However, there is an important distinction. The statutory power allowing an Employment Tribunal to adjust certain awards by up to 25% for unreasonable failure to comply with the Code applies to employees under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
What should employers do now?
The revised Code is not yet in force, so employers do not need to rewrite their procedures immediately.
However, the consultation gives employers an opportunity to consider whether their current approach already supports early resolution and whether managers are confident dealing with concerns before they escalate.
It may also be sensible to review disciplinary and grievance policies, template letters and existing approaches to suspension so that any changes required following publication of the final Code can be made promptly.
What does this mean for employees?
For employees, the proposals could mean greater emphasis on discussing concerns informally before beginning a formal grievance process, where that is appropriate.
Informal resolution will not be suitable in every case. The circumstances and seriousness of the concern will matter and employees should not assume that they are required to deal with a serious issue informally before raising a formal grievance.
How can Butcher & Barlow help?
Our Employment Team works with employers on disciplinary and grievance procedures, workplace investigations, suspension decisions and the resolution of workplace disputes.
We can review existing policies and procedures, advise on individual disciplinary or grievance matters and provide training to managers responsible for handling workplace concerns.
We also advise employees who are facing disciplinary action or considering raising a grievance, helping you understand the process, your options and the steps you may wish to take.
The revised Code is still in draft form and may change following consultation. If you would like advice on the proposals, or on a current disciplinary or grievance issue affecting you or your organisation, please contact a member of our Employment Team.
Mohammed Balal can be contacted on 0161 764 4062 or emailed at mbalal@butcher-barlow.co.uk
Please note: The consultation closes at 11.59pm on 23 September 2026.
Information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.