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On 30 July 2026, ACAS launched Consultation: Draft Code of Practice on disciplinary and grievance procedures. The Draft Code aims to encourage earlier and informal resolution of workplace concerns (ACAS News Story). The consultation closes on 23 September 2026.
Key changes in the draft Code include the following.
- Early and informal resolution – unlike the existing Statutory Code of Practice on disciplinary and grievance procedures, the draft Code explicitly encourages concerns to be resolved early and informally wherever possible. A tribunal may take an unreasonable failure to follow this approach into account when considering an adjustment to an award.
- Language and tone – the draft Code adopts less adversarial and legalistic language, referring to employer and worker 'concerns' rather than 'disciplinary' and 'grievance' issues when discussing informal resolution.
- Reasonable adjustments – the draft Code provides examples of reasonable adjustments that could be made to ensure a fair process (in the context of the duty to make reasonable adjustments, see Disability, Q&A here).
- Training and support – employers are encouraged to help managers, workers and representatives develop the skills needed to resolve concerns early and effectively.
- Formal disciplinary procedures – fact-finding should be objective, reasonable, proportionate and directed towards resolving the issue. Suspension should be used only in limited circumstances. The draft Code introduces a new expectation for employers, when inviting a worker to a formal disciplinary meeting, to explain what informal steps have been taken or why none were taken.
- Formal grievance procedures – workers should initially provide a short, clear written account of their concern and, where possible, say how they would like it to be resolved. The draft Code introduces a new expectation for workers, when bringing a written grievance, to explain what informal steps have been taken or why none were taken.
- Mediation and facilitated conversations – a new section encourages the use of these processes where appropriate.
- Employee and worker terminology – the draft Code generally uses 'worker' rather than 'employee'. ACAS is seeking views on whether this could have unintended consequences, given that the uplift of up to 25% for unreasonable non-compliance applies only to employees (see Unfair dismissal, Q&A here).
Next steps
ACAS will consider the consultation responses and may revise the draft Code further. If it decides to proceed with the draft Code, it will be presented to the Secretary of State for Business, Innovation, Science and Trade and, if approved, laid before Parliament.
ACAS will also review its non-statutory Guidance on disciplinary and grievance procedures, which provides additional information on the law and good practice for employers, workers and representatives, so that it reflects the revised Code.
For more information on the existing Code, see Unfair dismissal/The ACAS Code of Practice.
First published on the Employment News Service on 31 July 2026
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