Acas – draft code of practice on disciplinary and grievance procedures

Acas are currently consulting on a new draft Acas code of practice on disciplinary and grievance procedures. The code was last fully revised in 2009, with further specific amendments made in 2015 to the guidance on the statutory right to accompaniment. The new updates are with a view to promoting better early resolution of concerns in the workplace.

The consultation closes on 23 September 2026.

Key changes include the following:

• Resolving concerns informally – the new draft code explicitly encourages early and informal resolution wherever possible. Failure to do so could result in adjustments of awards for unreasonable failure to follow the code.
• Changes to language and tone of the code – referring to ‘concerns’ rather than ‘disciplinary’ and ‘grievance’ issues when describing informal resolution and moving towards a less adversarial and legalistic tone. Acas has also welcomed suggestions for an alternative title for the code given that the scope of the draft code is now wider.
• Avoiding unlawful discrimination – new guidance on the rights and obligations under the Equality Act 2010.
• Training for managers, workers and representatives – to help build confidence in resolving issues.
• Formal disciplinary procedures – emphasis placed on a fact-finding process being objective, reasonable, proportionate and aimed towards resolving issues. In addition, a new expectation for employers to state what prior steps have been taken to resolve the matter informally.
• Suspension – additional guidance on suspensions to make it clear they should only be used in limited circumstances.
• Formal grievance procedures – new guidance added requiring workers to suggest how they would like their concern to be resolved at the point of raising a grievance. In addition, a new expectation for workers to state what prior steps have been taken to resolve the matter informally.
• Accompaniment – expanded guidance on the right to be accompanied.
• Mediation and facilitated conversations – a new section to encourage the use of such processes.

A link to the draft code can be found here.

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