On 30 July 2026, Acas published a draft revised Code of Practice on Disciplinary and Grievance Procedures for consultation. The Code sets out the standards employers and workers should follow when dealing with disciplinary and grievance matters. Although a failure to comply with the Code does not, in itself, give rise to a legal claim, Employment Tribunals will take the Code into account in relevant cases.

The consultation closes this Wednesday, 23 September 2026, and the draft may change before it comes into force. However, it introduces several notable developments that employers should be aware of.

Greater focus on informal resolution

One of the most significant changes is the increased emphasis on resolving workplace concerns informally. For the first time, the draft Code contains dedicated sections addressing the informal resolution of both employer and worker concerns, reflecting the view that workplace issues are often best addressed before they escalate into formal proceedings.

The draft encourages employers to discuss concerns directly with workers and consider measures such as training, support, reasonable adjustments and mediation before commencing a formal process. Whilst serious allegations may still require formal action from the outset, employers will be expected to demonstrate that they have considered whether an informal approach was appropriate. This is particularly important given that an unreasonable failure to comply with the Code may be taken into account when considering whether compensation should be adjusted by up to 25%.

New correspondence requirements

The draft Code introduces new requirements relating to disciplinary and grievance correspondence. Where an employer commences a formal disciplinary process, the written notification should explain what informal steps have been taken to resolve the issue, or why none were appropriate. Similarly, workers raising a formal grievance should outline any informal attempts to resolve the matter or explain why this was not possible.

This places greater importance on documenting informal discussions and the reasons for progressing matters formally.

Suspension only where necessary

The draft Code introduces a new “necessity” approach to suspension during disciplinary investigations. Suspension should only be considered where it is necessary, for example to comply with a legal requirement, or where there are reasonable concerns about protecting the investigation, the organisation, other staff or the individual concerned.

The draft Code also acknowledges the potentially significant impact suspension can have on working relationships and wellbeing. Where suspension is necessary, it should be for the shortest period possible, kept under review and supported by clear justification.

Wider scope and additional guidance

The draft Code largely replaces references to “employees” with “workers”, broadening the scope of the guidance. It also introduces new sections on reasonable adjustments, manager training, mediation and facilitated conversations. Where mediation is agreed during a formal disciplinary or grievance process, the draft Code states that the formal procedure should be paused while mediation takes place.

What does this mean for employers?

Although the draft Code remains subject to consultation, employers may wish to start reviewing their disciplinary and grievance procedures now. Particular attention should be given to ensuring informal resolution is considered at an early stage and appropriately documented. Employers should also review template correspondence, reassess their approach to suspension and consider whether mediation could play a greater role in resolving workplace issues.

How HF can help employers prepare

HF can help you review your disciplinary and grievance procedures, strengthen informal resolution practices and equip managers with the tools they need to handle workplace issues effectively.

Taking action now could reduce risk, improve outcomes and place your organisation in a stronger position when the revised Acas Code is introduced.

If you would like to discuss how the proposed changes may affect your organisation, our employment team would be happy to help. Please contact them at hfemployment@h-f.co.uk