Acas has just published a draft new Code of Practice on Disciplinary and Grievance Procedures for consultation. This is the first full rewrite since 2009 (the Code was last touched in 2015, and even then, only to tidy up the guidance on rights to be accompanied). This is worth your attention now, not just when the final version lands.

The consultation runs until 23 September 2026, and Acas has been clear it wants views from HR practitioners, not just lawyers and trade union bodies.

Here’s what’s changed, and why it matters.

1. Informal resolution is moving inside the Code itself

At the moment, Acas’s steer to try informal resolution before going formal sits in the Foreword to the Code, not in the statutory text. That matters because tribunals are only required to take the statutory Code into account when deciding whether to apply the uplift.

The draft Code brings informal resolution inside the statutory text for the first time, with dedicated sections on employers addressing concerns informally and workers raising concerns informally. Practically, this means a failure to attempt informal resolution first could, for the first time, be a factor a tribunal weighs when considering the uplift.

2. Letters will need to explain what informal steps were taken

Under the proposed changes, when an employer notifies a worker of a formal disciplinary meeting, it will need to state what steps were taken to resolve the matter informally first, or explain why none were taken. The draft introduces a mirror-image duty for workers raising a formal written grievance.

This is a new requirement that most template disciplinary invitation letters and grievance letters simply don’t include yet. It is worth checking your templates now rather than waiting for the final text.

We will review all of our templates in the members’ vault and get everything up to date for you.

3. Suspension gets a proper necessity test

The existing Code implies suspension should only be used where necessary, but doesn’t say much more than that. The draft goes further, setting out that suspension should only be used in limited circumstances, and adds good practice guidance on how a decision to suspend should be communicated to the worker.

This puts into the Code something case law has said for a while: suspension is not a neutral act and shouldn’t be the default response to every allegation.

4. ‘Worker’ replaces ‘employee’ throughout

The draft swaps ‘employee’ for ‘worker’ in most places, expanding the scope of the Code.

One nuance worth knowing: the tribunal’s power to adjust awards by up to 25% for unreasonable failure to follow the Code only applies to employees, not the wider worker category. Acas has flagged this itself and is asking for views on whether the terminology change causes any unintended consequences.

5. New standalone sections on equality, training and mediation

Three new additions:

  • Reasonable adjustments – new guidance reflecting Equality Act obligations, including examples of adjustments that might be needed to keep a process fair, and encouragement for workers to raise adjustment needs early.
  • Manager training – the draft encourages employers to provide training and support so managers, workers and representatives have the skills and confidence to resolve concerns early. It’s framed as good practice, in recognition that training budgets vary.
  • Mediation and facilitated conversations – this is not mentioned at all in the current Code. The draft adds a full section, and signals that formal processes may be paused while mediation is attempted.

6. A couple of smaller but practical changes

  • The five-working-day rule on postponing a meeting because a companion isn’t available is softened for cases that could end in dismissal, bringing the well-known Talon Engineering v Smith case law into the Code itself.
  • The draft is explicit that an informal conversation can never by itself result in a formal warning, which should settle a question a lot of managers get wrong in practice.
  • The language throughout has been softened: words like “allegations,” “penalty” and “first offence” have been reviewed with a view to a less adversarial tone.

What to do now

Nothing in the draft is final, and Acas has said it will consider consultation responses before deciding whether, and how, to proceed. But given the scale of the changes, it’s sensible to start thinking now about:

  • Disciplinary and grievance policies, and whether they’ll need a rewrite once the final Code lands.
  • Template invitation and grievance letters, given the new expectation to record informal steps taken.
  • Suspension protocols and who signs them off.
  • Manager training on informal resolution, given it’s about to carry much more legal weight.

And if you have a view, this is the moment to give it. Acas is consulting until 23 September 2026, and you can respond via their online form.

The full draft Code and the consultation document are both worth a proper read before you do.