Proposed revisions to Acas Code of Practice

The Acas Code of Practice on Disciplinary and Grievance procedures forms the bedrock for the handling of workplace disciplinaries and grievances by employers and was last fully revised in 2009 (the current version dates from 2015).

Acas has recently published a substantially revised and updated draft Code of Practice, and is conducting a consultation on the proposed changes, which closes on 23 September 2026.

If adopted, the revised Code will replace the current version and will be taken into account by employment tribunals when determining relevant claims. As with the existing Code, unreasonable failure to comply could result in tribunal awards being increased or reduced by up to 25%.

While many of the familiar principles of fairness remain, the draft Code reflects a significant shift in emphasis. Acas is seeking to promote the early and informal resolution of workplace concerns and to encourage a less adversarial approach to workplace conflict.

Informal resolution

The draft Code states that concerns about misconduct or performance will “usually” be best dealt with informally where possible. It encourages employers to discuss concerns with employees at an early stage, explain the issue, listen to the employee’s perspective and explore practical solutions before commencing formal procedures. Examples include training, support measures, reasonable adjustments and mediation. Similarly, employees are encouraged to raise concerns informally wherever appropriate before lodging a formal grievance.

For employers, this change is potentially significant. As a result of the informal resolution provisions forming part of the statutory Code, tribunals are likely to consider whether employers made genuine attempts to resolve issues at an early stage before moving to formal disciplinary or grievance processes. Acas expressly notes that inclusion of these provisions could inform decisions about the adjustment of tribunal awards.

Principles of fairness

The draft Code includes a new section on the general principles of fairness, applicable to both employers and workers. This includes a new expectation that employers and workers should aim to resolve concerns early and avoid unnecessary escalation.

Note that the draft Code references “workers” throughout rather than “employees”, on the basis it is considered good practice for employers to follow the Code in relation to both workers and employees.

Other key changes include:

• Less adversarial language. The Code has moved away from legalistic and confrontational terminology, referring to “concerns” rather than disciplinary or grievance issues and removing language such as “allegations”, “penalty”, “adjourn” and “first offence” in favour of wording designed to encourage constructive dialogue.
• Policies, training and skills. The draft introduces a new section encouraging employers to maintain clear written policies and procedures and ensure workers understand how to use them. Employers are also encouraged to provide training and support to help managers, workers and representatives develop the skills needed to resolve concerns effectively and at an early stage.
• Equality and reasonable adjustments. The draft contains a dedicated section on avoiding unlawful discrimination. It expressly highlights employers’ obligations under the Equality Act 2010 and provides examples of adjustments that may be required during disciplinary or grievance processes, including accessible documentation, accessible venues, support workers and interpreters.
• New approach to suspension. The draft provides more detailed guidance on suspension than the current Code. It emphasises that suspension should only be used where necessary, for example, to protect an investigation, the organisation, other staff or the employee under investigation. It also stresses that suspension should be as brief as possible, kept under review and communicated sensitively.
• Increased prominence of mediation. Mediation and facilitated conversations appear throughout the draft Code as recognised mechanisms for resolving workplace concerns. These methods are identified both as alternatives to formal procedures and as tools that may be used alongside disciplinary action where appropriate.

The use of Artificial Intelligence, an increasing problem for many employers in practice, is not explicitly referenced in the draft Code. However, views are sought specifically in relation to any benefits, risks or practical issues that the Acas Code or non-statutory guidance should address in relation to the increasing use of AI in disciplinary and grievance processes.

The Birketts view

The draft Code does not radically alter the fundamental disciplinary and grievance framework, but it marks a clear shift in emphasis by Acas. Employers are encouraged to focus on early intervention and informal resolution rather than formal procedural escalation.

If the revised Code is adopted in its current form, employers should consider:

• reviewing disciplinary and grievance policies to ensure they encourage informal resolution where appropriate
• training managers in conflict management and early intervention techniques
• documenting informal discussions carefully without allowing them to become de facto disciplinary sanctions
• reviewing approaches to suspension
• ensuring reasonable adjustments are considered consistently throughout the conduct of disciplinary and grievance procedures.