Draft Acas Code of Practice on disciplinary and grievance procedures: what employers need to know

Acas has published a draft revised Code of Practice on disciplinary and grievance procedures. The draft Code proposes a number of changes to the way workplace disciplinary and grievance matters should be handled, with a greater emphasis on early resolution, informal processes, workplace relationships, equality considerations and alternative dispute resolution.

The draft Code is intended to replace the current Acas Code, which has been in place since 2009 (with amendments made to the guidance in 2015), and reflects the Government's wider employment law reform agenda. The consultation on the draft Code closed on 23 September 2026. Acas will consider the responses before publishing its final position, and we will keep an eye out for the outcome in due course.

While many of the core principles remain familiar, the draft Code contains several significant proposed changes for employers to be aware of.

The existing Code remains in force unless and until it is replaced. A failure to follow the applicable Code does not in itself make an employer liable to tribunal proceedings, but employment tribunals will take it into account when deciding relevant cases. Where either party has unreasonably failed to comply, a tribunal may adjust compensation by up to 25%. The final form of the revised Code will therefore be important both from a best-practice perspective and when managing litigation risk.

Key themes of the draft Code

A stronger focus on informal resolution

Perhaps the most noticeable change is the increased emphasis on resolving concerns informally wherever possible.

The current Code primarily focuses on formal disciplinary and grievance procedures. By contrast, the draft Code repeatedly encourages employers and workers to raise concerns early and seek to resolve issues through informal discussions before matters escalate. Employers are encouraged to discuss concerns openly, explore solutions and, where appropriate, hold follow-up conversations to monitor progress. The guidance on information to be provided in a written invitation to a formal disciplinary meeting includes a new requirement to state what steps have been taken to resolve the concern informally, or the reason why no informal steps have been taken.

The draft Code makes clear that many performance, conduct and workplace relationship issues are best addressed through ordinary management conversations rather than formal procedures. 

For employers, this reflects a wider expectation that line managers will have the skills and confidence to address issues proactively and constructively at an early stage.

Explicit requirement to explain informal resolution attempts

A notable procedural change appears in the formal disciplinary process.

Where an employer decides to proceed to a disciplinary hearing, the written notification should explain either:

• What informal steps have already been taken to resolve the matter; or
• Why informal resolution was not appropriate.

Similarly, when employees raise formal grievances, they are asked to explain what informal attempts have been made to resolve the issue, or why these were not suitable.

If retained in the final Code, this would create a greater expectation that informal options are considered before formal processes begin.

Language and tone

The draft Code refers to ‘concerns’ rather than disciplinary or grievance issues when describing informal resolution. The terms ‘disciplinary’ and ‘grievance’ are generally reserved for formal procedures, giving the draft Code a less adversarial and legalistic tone.

The draft Code indicates that Acas considers it good practice for employers to follow the Code in relation to both workers and employees. It therefore generally uses the term ‘worker’, except where a provision applies only to employees.

Emphasis on policies and training

The draft Code introduces a dedicated section on policies and training.

Employers are encouraged to maintain clear written disciplinary and grievance procedures that employees can easily access and understand. Importantly, Acas also highlights the value of providing training and support to managers, employees and representatives so that concerns can be resolved effectively and consistently.

Focus on equality and reasonable adjustments

The draft Code includes a standalone section on avoiding unlawful discrimination.

It reminds employers of their obligations under the Equality Act 2010, including the duty to make reasonable adjustments for workers with a disability. The draft gives practical examples of adjustments that may be required during disciplinary or grievance procedures, such as:

• Providing accessible meeting venues;
• Supplying documents in alternative formats;
• Allowing a support worker to attend meetings; and
• Providing an interpreter where necessary.

More detailed guidance on suspension

The current Code contains relatively limited guidance on suspension.

The draft Code introduces a specific section addressing when suspension may be appropriate and how it should be managed. It emphasises that suspension should only be used where it is considered necessary, should be kept as brief as possible and should be kept under review. Employers should make clear that suspension is not a disciplinary sanction and should communicate the suspension sensitively.

This reflects recent case law and increasing recognition of the potentially damaging impact suspension can have on employees and workplace relationships.

Mediation moves to centre stage

Another significant development is the inclusion of a dedicated section on mediation and facilitated conversations.

The draft Code encourages employers to consider mediation at various stages of a dispute and explains how mediation may help resolve workplace relationship issues. It also suggests that formal disciplinary or grievance procedures may be paused while mediation takes place.

This is a much more prominent role than mediation currently occupies within the existing Code and reflects Acas's long-standing promotion of alternative dispute resolution.

Complexity of grievances and artificial intelligence

The consultation noted that many grievances can be long and complex, which may delay resolution. The draft Code encourages workers to provide a short explanation of their concern, including the issue, how they would like it to be resolved and any informal steps already taken, or why informal resolution was not appropriate. The consultation also sought views on the increasing use of artificial intelligence in disciplinary and grievance procedures. This is likely to remain a growing practical issue for employers, particularly where AI is used to generate lengthy grievance documents. It remains to be seen whether, and if so how, the final Code will address this issue.

What is proposed to stay the same?

Despite these proposed changes, many of the fundamental principles remain intact.

If adopted in its current form, the draft Code would continue to require employers to:

• Investigate concerns appropriately;
• Inform employees of the allegations against them;
• Hold disciplinary and grievance meetings;
• Allow employees to respond;
• Permit accompaniment at formal meetings (the draft Code explains when this right arises)
• Provide appeal rights; and
• Act fairly and reasonably throughout the process.

The basic framework of disciplinary and grievance management will therefore be familiar to most employers.

What should employers do now?

Employers may wish to familiarise themselves with the direction of the proposals and start considering their potential practical implications. However, we recommend waiting for Acas's response to the consultation and publication of the final Code before making substantive changes to policies and practices. The consultation closed on 23 September 2026, and we will keep an eye out for the outcome in due course. Managers and HR teams will need to be trained on any new procedural requirements once the final position is known.