Acas has launched a consultation on revision of its statutory Code of Practice on disciplinary and grievance procedures, the first full update since 2009.
The draft Code places significantly greater emphasis on resolving workplace concerns informally before formal procedures are invoked, reflecting Acas research suggesting informal resolution is cost-effective. Key proposed changes include:
- New guidance encouraging resolving concerns early and informally.
- A shift in language and tone of the Code, away from adversarial, legalistic language.
- New content on avoiding unlawful discrimination and making reasonable adjustments under the Equality Act 2010.
- Encouragement for employers to provide conflict-handling training.
- Emphasis on the fact-finding process being objective and reasonable.
- Clearer limits on the use, and communication, of suspension during disciplinary investigations.
- A shift from "employee" to "worker" as the Code's default term, except where employee status is specifically relevant.
- A new section on mediation and facilitated conversations.
- Updated guidance on the statutory right to be accompanied.
- A request for views on how AI is being used in disciplinary and grievance processes.
As a statutory Code, it is taken into account by employment tribunals, which can adjust compensation by up to 25% for unreasonable failure to follow it. Subject to consultation feedback, the revised Code would go to the Secretary of State for Business, Innovation, Science and Trade before being laid before Parliament.
Responses can be submitted via Acas's online form, or by sending a completed Word questionnaire to [email protected] by 23 September 2026.
