Employers, workers and representative bodies have until 23rd September 2026 to comment on ACAS’s proposed revised Code of Practice on disciplinary and grievance procedures.
ACAS has launched a public consultation on a proposed update to its statutory Code of Practice on disciplinary and grievance procedures. The consultation closes on 23rd September 2026.
The existing Code remains in force. However, the proposed revision offers a useful indication of the direction of travel: a greater focus on resolving workplace concerns early, fairly and, where appropriate, informally.
What changes are proposed?
The draft Code retains the central principles of fair disciplinary and grievance handling. Its emphasis is, however, broader and less adversarial. Key proposals include:
- encouraging employers and workers to seek early, informal resolution where this is appropriate;
- using plainer language and, in some contexts, referring to workplace “concerns” rather than only disciplinary or grievance processes;
- clearer expectations around fairness, prompt action, workplace policies and relevant management training;
- additional guidance on discrimination and on the limited circumstances in which suspension may be appropriate;
- a consolidated section on the right to be accompanied, including consideration of accompaniment in some informal discussions; and
- a new section on mediation and facilitated conversations.
ACAS is also consulting on whether the Code’s title should change, reflecting its wider focus beyond formal processes alone. In most places, the draft uses the term “worker” rather than “employee”, except where a particular legal right requires the latter term.
Why does this matter?
Employment Tribunals take relevant provisions of the Code into account when considering cases. Where the statutory conditions are met, a Tribunal may increase certain awards by up to 25% for an employer’s unreasonable failure to comply with a relevant Code. Although the draft is not yet law, employers should consider whether their policies and management practice are equipped to deal with concerns promptly, consistently and constructively.
In particular, employers may wish to review whether managers have clear guidance on informal resolution, investigations, suspension, reasonable adjustments, accompaniment and the use of mediation. An informal approach will not be suitable in every case: serious allegations, safeguarding concerns, entrenched disputes and issues requiring formal fact-finding may still need a formal process.
The consultation: how to take part
ACAS is inviting comments from all interested individuals and organisations, including employers, workers, trade unions, representative bodies and legal advisers. Responses may be submitted through the ACAS online form or by email using the consultation questions. The deadline is 11:59pm on 23rd September 2026.
After the consultation closes, ACAS will consider the responses, revise the draft as appropriate and submit the proposed Code for approval by the Secretary of State and Parliament. ACAS currently expects the updated Code to take effect in 2027.
How IMD can help
IMD’s employment team can assist employers to review disciplinary, grievance and related workplace policies; provide management training; and advise on handling difficult workplace concerns in a fair, proportionate and legally compliant way.
For the consultation documents, draft Code and response options, see ACAS’s consultation page.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
