Acas is consulting on the first full revision of its Code of Practice on Disciplinary and Grievance Procedures since 2009. The consultation is open until 23 September 2026. The proposed Code has not yet taken effect, but it gives employers a useful indication of how workplace concerns may be expected to be handled in future. The most noticeable change is a much greater emphasis on resolving concerns early and informally wherever possible.

Why the Acas Code matters

The Acas Code provides the standard employers and workers are expected to follow when handling disciplinary and grievance matters. Failing to follow it does not automatically make an employer liable. However, employment tribunals consider the Code when deciding relevant cases. Where an employer or employee has unreasonably failed to follow it, a tribunal can increase or reduce compensation by up to 25%. That is why changes to the Code matter, even though it is described as guidance.

A stronger focus on informal resolution

The current Code focuses largely on formal disciplinary and grievance procedures. The proposed version places much more emphasis on addressing concerns before they reach that point.

For an employer, this could mean:

• Explaining a concern clearly at an early stage
• Giving the worker an opportunity to respond
• Listening to their explanation
• Discussing what needs to change
• Considering support, mediation or another practical resolution
• Allowing more than one conversation where necessary
• Keeping an appropriate record of what was discussed

Not every concern can or should be dealt with informally. Allegations of gross misconduct, serious harassment or other significant matters may require a formal process from the outset. Where informal action is not appropriate, the proposed Code says employers should record why they moved directly to a formal procedure.

Informal does not mean unimportant

A quiet conversation with an employee is sometimes treated as something that happens outside the formal HR process and can therefore be forgotten. The proposed Code makes it clear that informal concerns should still receive proper time and attention.

The employee should understand:

• What the concern is
• What is expected of them
• Whether any improvement is required
• What support is available
• What may happen if the concern continues

Employers should also follow up as agreed rather than allowing the matter to disappear until it becomes serious enough for formal action.

Suspension should not be automatic

The draft Code provides further guidance on suspending an employee during an investigation. Suspension should only be used where it is reasonable. It should not be treated as an automatic response to an allegation.

Before suspending someone, an employer should consider whether another temporary arrangement could address the immediate concern. This might include changing duties, working arrangements or reporting lines. Where suspension is necessary, the employer should explain the decision appropriately and keep it under review.

The right to be accompanied

The statutory right to be accompanied at certain formal meetings remains unchanged. However, the proposed Code encourages employers to consider reasonable requests for additional support, even where the strict statutory right does not apply.

This could include:

• Allowing a companion at an informal meeting
• Considering a companion who falls outside the usual statutory categories
• Agreeing to a longer postponement where that would help the employee attend with appropriate support

Employers would not have to agree to every request, but they should consider the circumstances rather than applying the rules without flexibility.

Reasonable adjustments and discrimination

The draft Code also reinforces the need to avoid discrimination throughout disciplinary and grievance procedures.

Reasonable adjustments might include:

• Holding a meeting in an accessible location
• Providing information in an alternative format
• Allowing additional time
• Adjusting how questions are asked
• Permitting suitable support during a meeting

Adjustments should be considered throughout the process, including during informal conversations.

Grievances and employee concerns

The increased emphasis on informal resolution applies to grievances as well as disciplinary concerns. Workers are encouraged to raise issues promptly and, where appropriate, try to resolve them informally.

If a formal grievance becomes necessary, the proposed Code suggests that the worker should explain:

• The nature of the concern
• What informal steps have already been attempted
• Why informal action was not possible, if none was taken
• What outcome they are seeking

Employers would still need to take the concern seriously, investigate it appropriately and confirm the outcome.

What should employers do now?

The revised Code is still at the consultation stage, so employers do not need to rewrite their procedures immediately. However, it is sensible to consider whether current practices support early resolution.

Employers can begin by asking:

• Do managers know how to have an effective informal conversation?
• Are concerns addressed promptly or allowed to build?
• Do employees understand how to raise a concern?
• Is mediation considered before positions become entrenched?
• Are reasons recorded when informal action is unsuitable?
• Are managers confident about suspension and reasonable adjustments?
• Do disciplinary and grievance policies distinguish clearly between informal and formal action?

Acas estimates that formal disciplinary and grievance procedures currently cost UK employers £2.36 billion each year.

Good informal management will not resolve every workplace dispute. It can, however, prevent some concerns from escalating and give both parties an opportunity to resolve matters earlier. The consultation remains open until 23 September 2026. Once it closes, Acas may amend the draft before it is submitted for government approval and laid before Parliament.

If you need support handling a workplace concern fairly and effectively, our disciplinary and grievance support can help you manage the process confidently, from early informal action through to formal procedures where necessary.

When employers think about employment contracts, they usually think about the written document. The offer letter, the contract of employment, the staff handbook, the policies and any signed variations. That is understandable. Written terms matter. They give both sides clarity about pay, hours, notice, holiday, responsibilities and workplace expectations.But the written contract is not always the whole story.

In employment law, some terms can become part of the employment contract even if they have never been written down. These are known as implied terms. They may arise because they are necessary for the contract to work, because the law automatically requires them, or because a workplace practice has become so established that it is treated as part of the employment relationship. That last category is often where employers are caught out.

What Are Implied Terms in an Employment Contract?

Implied terms are terms that form part of the employment contract even though they are not expressly written into it. Some are implied by fact. These are usually terms needed to make the contract work properly. For example, if an employee is employed as a delivery driver, it may be implied that they need to hold a valid driving licence, even if that has not been clearly written into the contract. Some are implied by law. These apply because of the nature of the employment relationship or because legislation says they apply.

They include duties such as mutual trust and confidence, the employee’s duty of fidelity, and statutory protections around areas such as national minimum wage and working time. Then there are terms implied through custom and practice. This is different. It is not about what the contract needs in order to function. It is about what the employer has actually done in practice.

What Does Custom and Practice Mean in Employment Law?

Custom and practice is one of those phrases that sounds more complicated than it is. In simple terms, it means that if an employer does something consistently, clearly and over a long enough period of time, employees may reasonably start to believe that it is part of their terms and conditions. In some cases, that expectation may become legally significant. The usual test is whether the practice is reasonable, notorious and certain. That wording is not always helpful in plain English, so it is worth breaking down. “Reasonable” means the practice must make sense in the circumstances and be capable of being understood as part of the employment relationship. “Notorious” does not mean dramatic or scandalous. It means the practice is well known, recognised and understood by the relevant employees. “Certain” means the practice is clear enough to identify.

A vague expectation is much harder to rely on than a regular, specific arrangement. So, custom and practice is not normally created because a manager made a one off decision, an employer showed kindness during a difficult period, or a temporary arrangement was agreed for one individual. The risk grows when the same thing happens repeatedly, without clear qualification, and employees come to understand it as something they are entitled to receive.

Examples of Custom and Practice at Work

Custom and practice can arise in many everyday workplace situations. A common example is bonus payments. If a business pays a Christmas bonus every year, in the same way, to the same category of employees, without making clear that it is discretionary, employees may argue that the bonus has become contractual through custom and practice. The same issue can arise with enhanced redundancy payments, additional sick pay, paid breaks, early finishes, travel time, overtime arrangements, flexible working patterns or enhanced holiday arrangements. The difficulty for employers is that these practices often begin for perfectly good reasons.

A business may want to reward staff after a strong year. A manager may allow an early finish on Fridays because the workload is quieter. An employer may pay enhanced sick pay during a difficult personal situation. A team may fall into a particular working pattern because it suits everyone at the time. None of that is automatically a problem. The problem comes when nobody stops to ask whether the arrangement is temporary, discretionary, role specific or now part of the wider employment relationship. Over time, silence can create confusion. Repetition can create expectation. Expectation can create dispute.

Why Custom and Practice Can Create Employment Contract Risk

Custom and practice is important for HR teams, managers and business owners because it sits in the gap between what the contract says and what actually happens in the workplace. A well drafted contract will not protect an employer if day to day practice tells a completely different story. If managers consistently approve something, pay something, allow something or communicate something as normal, employees may rely on that behaviour. That does not mean employers should become rigid or stop using discretion. Good employment relationships need judgement, flexibility and humanity. But flexibility should be managed carefully.

If something is discretionary, say so. If something is a one off exception, confirm that clearly. If a benefit is non contractual, make sure the contract, policy or communication says that. If a temporary arrangement is introduced, give it a review date. If managers are making decisions that affect pay, hours, leave or benefits, make sure they understand the contractual risk of repeating those decisions without proper wording. This is especially important in growing businesses, where informal habits can quickly become “the way we do things here”.

In a small team, arrangements are often agreed casually. Everyone knows each other, decisions are made quickly and there may be very little paperwork. That can work for a while. But as the business grows, those informal arrangements can become harder to manage. New employees may compare terms. Managers may apply practices inconsistently. Employees may challenge a change if they believe something has become an established right. That is when employers often discover that the issue is not what they intended. It is what their conduct appeared to create.

Can a Workplace Practice Become Contractual?

A workplace practice may become contractual if it is clear, consistent, well known and repeated over time. For example, an employer may never have intended enhanced redundancy pay to be contractual. But if it has paid the same enhanced formula every time redundancies have happened, across several years, and staff know about it, there may be an argument that the practice has become implied into the contract.

Equally, if employees have always been paid for a particular break, always allowed to finish early before a bank holiday, or always received a particular allowance, removing that arrangement without consultation may create risk. The practical point is not that every workplace habit becomes contractual. It does not. Each situation will depend on the facts. The point is that employers should not assume that something is safe simply because it is not written down. If anything, the absence of writing can make the position more uncertain.

How Employers Can Manage Custom and Practice

A good starting point is to review the gap between the contract and the reality. Look at what actually happens in the business. How are bonuses described? How is overtime handled? Are enhanced payments made consistently? Are managers promising things informally? Are staff receiving benefits that are not reflected in the contract or handbook? Are different teams operating under different assumptions? Once those practices are identified, the employer can decide what to do with them. Some may need to be formalised because they are genuinely part of the employment offer.

Some may need clearer wording to confirm they are discretionary. Some may need to be phased out carefully, with proper communication and, where required, consultation. Some may simply need better manager guidance so that future decisions are made consistently. This is where HR documentation becomes more than admin. Contracts, policies and letters help create boundaries. They help managers understand what they can agree. They help employees understand what they can rely on. They reduce the risk of good intentions turning into unclear obligations.

Why Written Contracts Still Need to Match Workplace Reality

Custom and practice is really a reminder that employment contracts are lived, not just filed away. What matters is not only what the employer wrote at the start of employment, but what the employer has repeatedly done since. For employers, the safest approach is to be clear, consistent and deliberate. If something is contractual, document it properly. If something is discretionary, say so clearly.

If something is temporary, put a timeframe around it. If something is changing, handle it carefully rather than assuming it can simply be stopped. The written contract still matters. But so does the culture of decision making around it. Because in employment relationships, habits can become expectations. And sometimes, expectations can become rights.

If you want to make sure your written terms reflect how your business actually operates, our bespoke contracts of employment service can help you create, review and update contracts that are tailored to your business and your employees.

Employee absence is a normal part of working life, but when it is not managed effectively, a few missed days can quickly have a wider impact. Additional workloads, reduced productivity and pressure on colleagues can all affect the day-to-day running of a business.

For employers, the challenge is finding the right balance between supporting employees when they are unwell and maintaining a fair and consistent approach to attendance.

Good absence management is not simply about reducing the number of days employees take off work. It is about understanding why absence is happening, identifying when additional support may be needed and making sure employees know what is expected of them.

Sometimes, a straightforward and supportive conversation canbe the first step towards understanding what is really going on.

Creating a Clear Absence Process

Employees should understand what theyneed to do when they are unable to attend work. This includes knowing who they should contact, when they need to make contact and whether any documentation will be required.

Having a clear absence policy helps remove uncertainty for both employees and managers. It also means absence can be handled consistently across the organisation rather than different employees receiving different treatment depending on who manages them.

Managers should understand the process too. They need to know how absence should be recorded, when self-certification or fit notes may be required and when a pattern of absence might need a conversation with the employee.

The aim is not to make employees feel uncomfortable about taking genuine sick leave. It is to make sure everyone understands the process and that absence is managed fairly and consistently.

Understanding Patterns of Absence

Keeping accurate records can help employers understand what is happening rather than making assumptions about why someone may be taking time away from work.

Repeated short-term absences, for example, may indicate that an employee is struggling with stress, their workload or another underlying issue. Patterns may also emerge around particular days or periods of the year.

Long-term absence can require a different approach. Employees may need regular contact, additional support or adjustments to help them remain connected to the workplace and, where appropriate, prepare for their return.

Managers should approach these situations with an open mind. A pattern of absence does not automatically mean there is a problem with an employee’s attendance or commitment, but it may indicate that a conversation would be helpful.

Accurate records give managers the information they need to approach that conversation fairly and focus on the individual circumstances involved.

Having an Absence Conversation

Conversations about absence should focus on understanding what has happened and whether there is anything the organisation needs to be aware of.

A return-to-work discussion can provide a useful opportunity to check how the employee is feeling, confirm that they are ready to return and discuss whether any support may be needed.

These conversations do not always need to be lengthy or formal. What matters is that the employee has an opportunity to raise any concerns and that the manager listens without immediately making assumptions.

Open questions such as “How are you feeling now that you’re back?” or “Is there anything we can do to support you at work?” can help create a constructive conversation.

Where an employee has experienced repeated or longer-term absence, a more detailed discussion may be appropriate. Having accurate absence records available can help managers approach this confidently and make decisions based on facts rather than perceptions.

Agreeing Practical Support

Once you understand whether there is an underlying reason for an employee’s absence, the conversation can move towards what support may be appropriate.

There is no single approach that will work for every employee. Depending on the circumstances, support could include temporary changes to working arrangements, adjustments to duties, additional breaks or a phased return following a longer period away from work.

Early conversations can be particularly valuable. When employees feel able to raise concerns before they become more difficult to manage, employers may have more opportunities to provide practical support.

Any actions agreed should be clear and realistic, with both the employee and manager understanding what will happen next. Where appropriate, arranging a follow-up conversation can also help determine whether the support is working or needs to change.

Making Absence Easier to Manage

For small businesses, keeping track of absence alongside everything else involved in managing employees can be challenging. Having the right systems and resources in place can make the process much more straightforward.

HRChest’s absence management area allows businesses to record instances of absence, reasons for leave and supporting documents such as self-certification forms and fit notes. Keeping this information together makes it easier to identify patterns and gives managers a clearer picture before having conversations with employees.

HRChest also includes ready-to-use absence policies, template forms and practical guidance for line managers, helping small businesses create a consistent approach without having to develop processes from scratch.

Having accurate information available can give managers greater confidence while reassuring employees that absence is being handled fairly and consistently.

Keeping the Conversation Going

Employee circumstances can change, particularly where absence is connected to an ongoing health or wellbeing issue. Support that works initially may therefore need to be reviewed over time.

Follow-up conversations give managers and employees an opportunity to discuss what is working and whether anything needs to change. These check-ins do not always need to be formal. What matters is maintaining communication and making sure employees know they can raise concerns when they need to.

Handled well, absence management can benefit the wider workplace too. Employees who feel listened to and supported are more likely to remain engaged, while employers can identify potential problems earlier and reduce the impact that unmanaged absence can have on colleagues and the business.

Managing absence effectively is ultimately about balancing accountability with support. By keeping accurate records, having clear processes and approaching conversations with understanding, employers can create a workplace where absence is managed fairly while employees feel comfortable asking for help when they need it.

Father’s Day is a useful opportunity to consider how your organisation supports working fathers and partners. However, support for parents should not be limited to one occasion in the calendar. Creating a workplace where employees feel able to balance their family responsibilities with their working lives can make a meaningful difference throughout the year.

Workplaces have made considerable progress when it comes to supporting maternity leave, but paternity leave and other family-friendly rights can sometimes receive less attention. Fathers and partners may not always understand what they are entitled to, while some may feel uncomfortable taking leave or requesting flexibility because they are concerned about how it could be perceived at work.

For employers, this highlights the importance of creating a culture where all parents feel comfortable using the rights and support available to them. Clear communication, supportive managers and straightforward processes can all help.

Understanding Paternity Leave

Paternity leave gives eligible fathers and partners time away from work following the birth or adoption of a child. Eligible employees can take up to two weeks of statutory paternity leave. The leave can be taken as two consecutive weeks or as two separate one-week periods, giving families greater flexibility over when that time is most useful.

Eligible employees may also receive Statutory Paternity Pay. This is paid at the statutory rate set by the government or 90% of the employee’s average weekly earnings, whichever is lower. Employers should make sure employees know what they are entitled to, how much notice they need to provide and what information or documentation is required. Having a clear paternity leave policy can make the process easier for both employees and managers. The aim should be to make taking paternity leave feel like a normal part of working life rather than something employees feel they need to justify.

Giving Parents Greater Flexibility

Paternity leave is only one of the options available to working parents. Shared Parental Leave can give eligible parents greater flexibility over how they divide time away from work during their child’s first year. Parents may be able to share up to 50 weeks of leave and up to 37 weeks of statutory pay, depending on how much maternity or adoption leave and pay has already been used.

Unpaid parental leave can provide further flexibility as children grow. Eligible employees can take up to 18 weeks of parental leave for each child, up totheir 18th birthday. This can be useful when employees need additional time for family responsibilities, such as childcare arrangements or important changes in their child’s life.

Flexible working can also play an important role. Employees have the right to request flexible working from their first day of employment, meaning a new father or partner could ask to change their working hours, working pattern or place of work. Not every request will be suitable for every business or role, but approaching these conversations with an open mind can help employers find arrangements that work for both sides.

Creating a Supportive Culture

Having the right policies in place is important, but employees also need to feel comfortable using them. Some fathers may worry that taking their full entitlement to leave could affect how committed they appear or put them behind colleagues. Others may be reluctant to ask for flexible working because they do not want their family responsibilities to be seen as affecting their career. Managers can help address these concerns by talking openly about family-friendly policies and making sure employees understand that using their statutory rights is a normal part of working life.

Conversations about family responsibilities should be handled sensitively and without assumptions. Every family is different, so the focus should be on understanding the employee’s circumstances and discussing what support may be appropriate. Managers should also know where to find the organisation’s relevant policies and processes so they can provide consistent and accurate information when an employee approaches them.

Making Family Leave Easier to Manage

For small businesses, managing different types of family leave can sometimes feel complicated. Clear policies, straightforward processes and simple checklists can make it much easier to handle requests consistently. HRChest includes policy templates covering areas such as paternity leave, shared parental leave and flexible working, helping businesses put clear processes in place and make employees aware of the support available to them.

Managers can also use HRChest’s family leave resources and checklists to guide conversations, understand what information is needed and make sure the appropriate steps are followed. Having these resources ready means managers are better prepared when an employee announces that they are becoming a parent or asks about their options.

Keeping Support Practical

Supporting working dads does not have to mean making major changes to the way a business operates. Often, it is about good communication, sensible flexibility and making sure employees know they can discuss their family responsibilities when they need to.

An employee’s needs may also change as their family grows. The support that is useful following the birth of a child may be different from what they need when returning to work or managing childcare later on. Keeping conversations open gives employers and employees the opportunity to discuss what is working and whether anything needs to change.

Supporting fathers and partners at work is ultimately about creating a fair and family-friendly workplace. By communicating employees’ rights clearly, approaching requests with understanding and giving managers the tools to handle them confidently, businesses can help employees feel supported both as professionals and as parents.

EC Human Resources can help small businesses put that support into practice with ready-made policies, practical guidance and straightforward resources for managing family leave and flexible working.

October is Menopause Awareness Month, making it an ideal time to consider how your organisation supports employees through this natural stage of life. However, menopause support should not be limited to one month of the year. Creating an open and understanding workplace culture can make a meaningful difference to employees at any time.

For further support, explore our Menopause Management guidance for practical advice on creating a supportive workplace and managing menopause conversations with confidence.