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.