On 30 July 2026, Acas published a fully revised draft Code of Practice on Disciplinary and Grievance Procedures (the Acas Code), together with a consultation which closes at 11.59pm on 23 September 2026. This is the first full revision of the Acas Code since minor updates were made in 2015, and the changes go significantly beyond those anticipated to reflect the unfair dismissal reforms in the Employment Rights Act 2025 (ERA 2025). The existing Acas Code runs to 47 paragraphs; the revised draft extends to 95.
Background and status
The Acas Code is a statutory code of practice. It is not binding in itself, but employment tribunals must take it into account where relevant, and an unreasonable failure to comply may lead a tribunal to adjust compensation (upwards or downwards) by up to 25% in relevant claims, including unfair dismissal and discrimination. The revised draft will be presented to the government following consultation and, if approved, laid before Parliament. No implementation timetable has been indicated.
Focus on early and informal resolution
The most significant change is a new emphasis on resolving workplace issues informally before they escalate. New sections on “Resolving employer concerns informally” and “Resolving worker concerns informally” are incorporated into the main body of the Acas Code (rather than the non-statutory foreword), meaning tribunals will take them into account. For the first time, an unreasonable failure by either party to attempt informal resolution could affect compensation by up to 25%.
Employers inviting a worker to a formal disciplinary meeting, and workers raising a formal grievance, must now set out in writing the steps already taken to resolve the matter informally or, if none, the reasons why not.
Language and terminology
The draft Code replaces adversarial and legalistic language (such as “case to answer”, “allegations” and “penalty”) with the term “concerns” for informal issues, to encourage constructive dialogue. References to “employee” are replaced with “worker” throughout, reflecting Acas’s view that it is good practice to apply the Code to workers as well as employees, although the statutory compensation adjustment remains relevant only to employees. Obligations are also graded using “must” (legal requirement), “should” (strong recommendation) and “good practice” (recommended approach).
Key substantive changes
Other notable changes in the draft Code include:
- Equality Act 2010: explicit reference throughout to the duty to make reasonable adjustments for disabled workers, including illustrative examples (accessible venues, accessible documents, support workers or interpreters at meetings).
- Suspension: a new section limits suspension to circumstances necessary to comply with a legal requirement, or reasonably believed necessary to protect the investigation, the organisation, other staff or the worker under investigation, with guidance on communicating suspension sensitively.
- Mediation and facilitated conversations: a new section encourages use of independent mediators or facilitators at any stage, on a voluntary and confidential basis, while identifying situations where this will not be appropriate (for example, where a statutory right requires a factual determination, or where there is a substantial power imbalance).
- Length of grievances: workers are now encouraged to submit a short, clear written explanation in the first instance, with further detail to follow if needed, addressing concerns about increasingly long and complex written grievances.
- Right to be accompanied: guidance on the statutory right to be accompanied at formal meetings is consolidated into a single section, and now reflects Talon Engineering Ltd v Smith, suggesting employers consider allowing longer than five working days to rearrange a meeting where a companion is unavailable and dismissal may follow. Employers are also encouraged to consider allowing a companion at informal meetings where this may help resolve the issue, even though no statutory right applies.
- AI: although not addressed in the draft Code itself, the consultation seeks views on the benefits, risks and practical issues arising from increasing use of AI in disciplinary and grievance processes.
Possible title change
Given the Acas Code’s extended scope beyond formal procedures, Acas is also consulting on whether its title should change, and if so, what the new title should be.
Next steps
The consultation closes on 23 September 2026. Acas may amend the draft in light of responses before presenting it to the government; if approved, it will be laid before Parliament, and the accompanying non-statutory guidance will be updated to reflect the final Code. No date has been given for the revised Code to come into force.
Employers should begin reviewing their disciplinary and grievance policies and practices against the proposed changes, particularly the new expectations around informal resolution, the treatment of workers who are not employees, and the handling of reasonable adjustments and requests to be accompanied. Early preparation will help ensure a smooth transition once the final Code is confirmed.
If you would like assistance with reviewing your disciplinary and grievance procedures in light of these proposals, please contact a member of our team: employment@wslaw.co.uk.