Home / Acas draft Code – early resolution of workplace concerns
26th August 2026
James Cairns, Solicitor
Acas has published a substantially revised draft Code of Practice on disciplinary and grievance procedures, with consultation open until 23 September 2026. The draft Code signals a shift away from formal, adversarial processes and towards earlier, more constructive resolution of workplace concerns.
For HR teams, the proposals are significant. The Code would more than double in length, make informal resolution part of the statutory framework, and require correspondence in formal disciplinary and grievance processes to explain what informal steps have already been taken or why none were appropriate.
Although the Code is not legally binding in itself, employment tribunals must take it into account where relevant. An unreasonable failure to comply can lead to an uplift or reduction in compensation of up to 25%, making the proposed changes more than just procedural guidance.
The Acas Code was last fully revised in 2009, and the stated aim is to “start a conversation about how we can disagree better at work” by preventing, managing and resolving workplace concerns before they escalate. This reflects the cost, delay and disruption caused by formal workplace disputes, particularly where disciplinary or grievance processes become lengthy, legalistic or entrenched.
The biggest change is the elevation of informal resolution from encouragement to a clear expectation within the Code itself. Employers would be expected to consider whether concerns can be resolved informally before moving into a formal disciplinary or grievance process, unless the issue is too serious for that to be appropriate.
This matters because, for the first time, a failure to take reasonable informal steps could affect compensation. It may also influence the fairness of a dismissal in relevant cases. Employers inviting an individual to a formal disciplinary meeting, and workers raising a formal grievance, would also need to set out what informal steps have already been taken or explain why none were taken.
Informal measures may include support, training, reasonable adjustments or mediation, but should not lead directly to formal disciplinary sanctions.
The draft Code deliberately moves away from more adversarial language. It uses the term “concerns” when dealing with informal resolution and removes some legalistic terminology such as “case to answer”, “allegations”, “adjourn”, “penalty” and “first offence”. Acas is also consulting on whether the title of the Code should change, given that its proposed scope now goes beyond formal disciplinary and grievance procedures.
Another notable change is the use of “worker” rather than “employee” throughout much of the draft Code. Acas considers it good practice for employers to follow the Code in relation to both workers and employees. However, the statutory compensation uplift remains limited to employees, so this change may create practical uncertainty unless clarified in the final version.
The current Code does not expressly refer to the Equality Act 2010. The draft Code now does so, and whilst this does not create a new legal duty, including a clear reminder that employers must consider reasonable adjustments for disabled workers throughout disciplinary and grievance processes is useful. The draft Code includes practical examples, such as accessible meeting venues, accessible documents, and allowing a support worker or interpreter to attend where needed.
The draft Code includes a new section containing general principles of fairness intended to apply to every organisation of any size, without them needing to access legal advice to be able to apply them. This section retains existing principles but updates them to include the promotion of early and informal resolution and a new expectation that employers and workers should aim to resolve concerns early and avoid unnecessary escalation.
On investigations, the draft Code emphasises the need to be objective, reasonable, proportionate and aimed towards considering appropriate ways to resolve a concern.
On suspension, however, the draft Code is more prescriptive. Suspension should be considered only in limited circumstances, such as where it is necessary to protect the investigation (e.g. if there is a reasonable concern about the worker damaging evidence or influencing witnesses), the organisation (e.g. if there is a genuine risk to customers, clients, property or business interests), other staff or the worker under investigation.
A formal grievance procedure will still need to follow the same basic steps. However, the draft Code introduces a new requirement for workers to explain, where possible, how they would like their concern to be resolved, as well as any informal steps already taken to address the issue or, if none have been taken, why not. This aligns with the new expectation on employers and could help shift the focus to practical outcomes and resolution, to avoid disputes escalating and becoming longer, more legalistic and harder to resolve.
Employers may also welcome the draft Code’s emphasis on short, clear written grievances, particularly in an era where AI-assisted grievances may span hundreds of pages and obscure the issues requiring resolution. Although the draft code does not explicitly mention AI, workers are encouraged to explain their concern in a way that enables the employer to understand and resolve it, with the opportunity to provide more information later if needed.
The consultation closes on 23 September 2026 and Acas welcomes contributions from all interested individuals and organisations. If you would like to respond to the consultation the form may be accessed here.
Alternatively, if you would like to discuss how the proposed changes could affect your organisation, or require any further assistance, please contact us on 0161 832 3434 or at [email protected].