Acas has published a revised draft of its Code of Practice on disciplinary and grievance procedures for consultation, proposing several changes to the way workplace concerns should be handled.

The Acas Code plays an important role in helping employers and employees resolve workplace issues fairly. It is also considered by Employment Tribunals when considering relevant claims, making it an important reference point for employers when managing disciplinary and grievance matters.

The current Code was issued in 2015 and has remained largely unchanged for a number of years. Against a backdrop of wider changes to employment law, Acas is now consulting on an updated version.

While the fundamental principles remain familiar, the proposed Code places greater emphasis on resolving workplace concerns informally where appropriate, alongside clearer guidance on suspension, discrimination, mediation and the responsibilities of those involved.

A greater emphasis on informal resolution

One of the most notable changes is the increased focus on resolving workplace concerns informally before moving to a formal disciplinary or grievance procedure.

Under the proposed Code, employers would be encouraged to confirm what steps have already been taken to resolve an issue informally when inviting an employee to a formal disciplinary meeting – or explain why informal steps have not been appropriate.

Similarly, employees raising a grievance would be encouraged to explain what attempts have been made to resolve the matter informally, or why this has not been possible.

The draft Code also gives examples of potential outcomes from an informal approach and circumstances where informal resolution may not be suitable.

For employers, this reinforces the importance of managers being equipped to identify and address workplace concerns at an early stage. Dealing with an issue promptly and constructively may help prevent it escalating into a lengthy formal process.

Mediation and facilitated conversations

The proposed Code contains a new section covering mediation and facilitated conversations as ways of resolving workplace issues.

Mediation can provide employees and employers with an opportunity to discuss concerns with the assistance of an impartial third party, with the aim of finding a mutually acceptable way forward.

It will not be suitable for every situation, but its inclusion in the draft Code reflects the wider emphasis on addressing workplace issues constructively and, where possible, before formal procedures become necessary.

Suspension should not be an automatic response

The revised Code also provides further guidance for employers considering suspending an employee.

It emphasises that suspension should only be used where it is necessary, rather than being treated as an automatic step when allegations arise. The draft provides examples of circumstances in which suspension might be appropriate.

Employers should therefore carefully consider the circumstances of each case, whether alternatives to suspension are available and the reasons for any decision before taking action.

Equality and discrimination considerations

The proposed Code also reminds employers of their obligations under the Equality Act 2010 when handling workplace concerns.

Disciplinary and grievance procedures should be conducted in a way that avoids unlawful discrimination. This may include making reasonable adjustments to the process where required.

Employers should consider individual circumstances throughout a disciplinary or grievance process rather than relying on a rigid, one-size-fits-all approach.

What else is changing?

Other proposed updates include:

  • Broader language, referring to “concerns at work” rather than solely to “disciplinary and grievance situations”.
  • References to workers as well as employees. Acas considers it good practice for the principles of the Code to be applied to workers to promote fairness, although it recognises that the Code does not apply equally to both groups. For example, only employees can bring an ordinary unfair dismissal claim. This terminology may therefore change as the consultation progresses.
  • Additional guidance for employees about the information they should include when raising a grievance.
  • Greater emphasis on providing appropriate training for managers and others responsible for handling workplace issues, helping concerns to be addressed effectively at an early stage.

Why following the Acas Code matters

The Code is more than simply a guide to good workplace practice.

Employment Tribunals take compliance with the Code into account when considering claims to which it applies. Where there has been an unreasonable failure to follow the Code, a Tribunal can:

  • increase compensation by up to 25% where an employer has unreasonably failed to follow it; or
  • reduce compensation by up to 25% where an employee has unreasonably failed to follow it.

These adjustments will continue to apply once a new version of the Code is adopted.

For employers, following a fair and appropriate procedure can therefore be important both in resolving workplace problems effectively and in reducing the risk and potential cost of subsequent Employment Tribunal proceedings.

What should employers do now?

The revised Code is currently a draft for consultation, with the consultation due to close in September 2026. The wording may change before a final version is adopted, so employers do not necessarily need to rewrite their disciplinary and grievance policies immediately.

However, businesses can use this opportunity to consider whether their current approach reflects the direction in which Acas is moving.

In particular, employers may wish to review how effectively workplace concerns are dealt with informally, whether managers feel confident having difficult conversations at an early stage and whether appropriate mediation or facilitated discussion could help resolve disputes before they escalate.

Once the final Code is published, employers should consider reviewing their disciplinary and grievance policies and procedures to ensure they remain up to date.

How Gepp Solicitors can help

Managing a disciplinary or grievance issue can be challenging, particularly where relationships have broken down, allegations are serious or there is a risk of an Employment Tribunal claim.

Our Employment Law team can advise employers at every stage of the process, from dealing with an initial workplace concern through to formal disciplinary or grievance procedures and, where necessary, defending Employment Tribunal proceedings.

We can also help businesses:

  • review and update disciplinary and grievance policies and procedures;
  • advise on whether informal resolution, mediation or a formal process is appropriate;
  • guide managers through disciplinary investigations and hearings;
  • advise on employee suspension and potential alternatives;
  • identify discrimination and reasonable adjustment considerations;
  • provide practical support to help reduce the risk of procedural errors and employment claims; and
  • provide guidance to managers responsible for handling workplace concerns.

If you would like advice on your organisation’s disciplinary and grievance procedures, or support with a current workplace issue, please contact our Employment Law team.

Call: 01245 228141
Email: employmentenq@gepp.co.uk

This article is for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact our Employment Law team.