Acas publishes draft Code of Practice on disciplinary and grievance procedures - what employers need to know
- Aug 12
- 2 min read
Acas has published a new draft code of practice on disciplinary and grievance procedures, which is open for consultation until 23 September 2026.
Major changes have been proposed, with the focus firmly on informal resolution, not only of grievances by employees, but also of disciplinary issues. This comes amid findings that poorly managed disciplinary investigations cost the UK economy an estimated £28.5bn a year and 44% of working-age adults have experienced workplace conflict in the last 12 months.
Acas hopes these proposed revisions will encourage employers and employees to resolve workplace issues in a "fair, transparent and timely" fashion.
The draft code embeds informal resolution within the statutory framework - where previously it was included within the non-statutory foreword - meaning employers and workers would be encouraged to address workplace issues informally before escalating to a formal process.
Formal disciplinary notifications must also reference the informal steps that were already taken or explain why none were taken. A worker submitting a formal grievance will be expected to include that information in their written complaint.
Suspension has become more tightly defined. The draft code outlines the specific grounds for suspension, saying it should only be considered for circumstances in which there is a risk to the investigation, business, other staff or the individual under investigation.
The Acas code is not legally binding. But if an employer or employee unreasonably fails to comply with the code, an employment tribunal may adjust compensation awards by up to 25%. Given that there will no longer be a cap on the amount of any award from 1 January 2027, the stakes for non-compliance are high.
One aspect of note in relation to the section on grievances is the direction that employees should explain their concerns clearly and that "a short, clear written explanation of the concern will often be enough". This appears to tacitly address the profusion of lengthy and convoluted AI-assisted grievances – which often lack substance and specificity – that are creating headaches for HR departments.
The code also recommends holding an informal conversation with the employee at the outset, followed up by the employer confirming in writing what was discussed. This is similar to one of the suggestions Employment Partner Eliza Nash made in Employer News.
The consultation on the proposed changes closes at 11.59pm on 23 September 2026.
Acas welcomes contributions from all interested individuals and organisations. If you would like to respond to the consultation, you can do so here: