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Acas is currently consulting on a significant update to its Code of Practice on disciplinary and grievance procedures. If adopted, the revised Code would place much greater emphasis on resolving workplace issues informally and at an earlier stage, before they develop into formal disputes.

For employers, HR teams and managers, this is an important development to be aware of. However, it is equally important to remember that these changes are not yet law.

The consultation opened on 30 July 2026 and closes at on 23 September 2026. Until any revised Code is formally approved and brought into force, the 2015 Acas Code remains the current statutory guidance.

The existing Code focuses mainly on formal disciplinary and grievance procedures. Acas believes that many workplace concerns can be dealt with more effectively through early conversations and informal resolution, where appropriate.

The proposed changes are designed to encourage employers and employees to address issues before positions become entrenched or relationships deteriorate.

That does not mean every workplace issue should be handled informally. Serious allegations, complex disputes and matters requiring formal investigation will still need a formal process. Instead, the draft Code aims to make informal resolution a more meaningful part of good workplace practice.

1. A stronger focus on informal resolution

Perhaps the biggest change is the expectation that employers and workers should consider whether a concern could be resolved informally before starting a formal disciplinary or grievance procedure.

For employers, that may mean having an early conversation about conduct or performance, explaining what needs to improve and agreeing appropriate support or review arrangements.

Employees would also be encouraged to raise concerns promptly and explain, where possible, what outcome they are hoping to achieve.

The intention is to create an opportunity for suitable issues to be resolved quickly and proportionately, not to prevent anyone from using a formal procedure when it is necessary.

2. Clearer guidance on investigations

Where a formal process is required, the draft Code provides more detailed guidance about carrying out investigations.

Investigations should be objective, reasonable and proportionate to the issue being considered. Depending on the circumstances, this could involve reviewing documents, speaking with the employee involved, or meeting with relevant witnesses.

The draft also makes clear that an investigatory meeting is part of gathering facts and should not itself result in disciplinary action.

Where possible, different people should carry out the investigation and the disciplinary hearing in misconduct cases. Acas recognises, however, that this may not always be practical for smaller employers with limited resources.

3. Suspension should not be the default

The proposed Code reinforces the principle that suspension should never be automatic during an investigation. Instead, employers should consider whether suspension is genuinely necessary, for example, to protect individuals, preserve evidence, safeguard property or meet a legal obligation.

Employers should also consider alternatives and keep a clear written record explaining why suspension was considered necessary and proportionate.

This reflects the growing importance of treating suspension as a serious step rather than a routine response.

4. A more practical approach to formal grievances

The draft Code also updates the expectations around employee grievances.

Employees raising a formal grievance would be expected to provide a short, clear written explanation of their concern and, where possible, explain how they would like the matter resolved.

Employers should take grievances seriously, arrange a meeting without unreasonable delay and allow employees the opportunity to provide further information if needed.

Importantly, the draft suggests employers should not reject a grievance simply because the initial written complaint does not contain every detail. If further investigation is needed, the meeting can be paused while additional facts are gathered.

5. Updated guidance on the right to be accompanied

The statutory right to be accompanied at qualifying disciplinary and grievance meetings remains unchanged. Employees may still be accompanied by a fellow worker, trade union representative or trade union official. However, the draft encourages employers to think more flexibly about meetings where there is no statutory right to accompaniment. Allowing a companion may sometimes help resolve the issue or reduce the risk of unlawful discrimination.

The draft also recognises that although the usual postponement period is up to five working days, a longer delay may occasionally be reasonable, particularly where dismissal is a possible outcome and the additional postponement would not cause unreasonable delay.

6. Greater recognition of mediation

For the first time, the draft Code expressly recognises mediation and facilitated conversations as possible ways of resolving workplace disputes. These processes would be voluntary, confidential and led by an impartial accredited mediator or trained facilitator.

Mediation will not be suitable in every situation, but where both parties agree, it may offer a constructive way of rebuilding working relationships without continuing through a formal procedure.

If mediation takes place during an ongoing disciplinary or grievance process, the formal procedure would normally be paused while those discussions are underway.

Why does this matter for employers?
Although the Acas Code does not create legal liability on its own, employment tribunals can take relevant parts of the Code into account when deciding cases.

In certain claims, a tribunal may increase an employee's compensation by up to 25% if an employer has unreasonably failed to comply with a relevant Acas Code. Equally, an employee's award may be reduced by up to 25% where they have unreasonably failed to comply.

Any adjustment is discretionary and will depend on what is fair in the circumstances.

If informal resolution becomes part of the statutory Code, employers may increasingly need to demonstrate that they considered whether an early, informal approach was appropriate before moving into a formal process.

That does not mean informal resolution will always be the right answer. The seriousness of the allegations and the individual circumstances of each case will remain crucial.

What should employers do now?
While the revised Code is still only a consultation draft, this is a good opportunity for employers to review their existing procedures and identify areas that may need updating in the future.

Practical steps include:

• Reviewing disciplinary and grievance policies to ensure they include a clear informal resolution stage where appropriate.
• Training managers to recognise the difference between issues suitable for an early conversation and those requiring immediate formal investigation.
• Reviewing investigation procedures to ensure fact-finding is objective and proportionate.
• Checking suspension policies so decisions are properly justified, documented and regularly reviewed.
• Considering how requests for accompaniment outside the statutory right will be handled.
• Identifying appropriate mediation or facilitated conversation resources, whether internally or externally.
• Keeping clear records of informal discussions, agreed actions and decisions to escalate matters into a formal procedure.
• Monitoring the outcome of the Acas consultation before making any formal policy changes.

What happens next?
The Acas consultation closes on 23 September 2026. Acas will then review the responses it receives and may make further changes to the draft Code.

If it decides to proceed, the revised Code will need to go through the statutory approval process before a commencement date is announced.

For now, employers should continue to follow the 2015 Acas Code of Practice while keeping a close eye on developments.

Our employment law team will continue to monitor the consultation and provide updates once the final Code and implementation timetable are confirmed.

If you would like to discuss your workplace policies, disciplinary or grievance procedures, or any other employment law matter, our team at Vine Law would be happy to help.  You can call us on 01945 898090 or 01353 240079 or email at This email address is being protected from spambots. You need JavaScript enabled to view it.