Changes to Acas Disciplinary and Grievance Procedures: are you ready?
Acas is consulting on a revised Code of Practice on disciplinary and grievance procedures, signalling a clear shift towards resolving workplace concerns earlier, more constructively and, where appropriate, informally. Formal disciplinary and grievance procedures are not going away. Serious concerns will still require a robust and fair formal process. However, the proposed Code encourages employers and employees to consider whether an issue can be resolved before it escalates into a formal dispute. The consultation closed on 23 September 2026, with Acas currently expecting the updated Code to come into effect in 2027, following the consultation and approval process.
What is changing?
1. A greater focus on early resolution
The biggest proposed change is an increased emphasis on dealing with concerns promptly and informally where appropriate. This could include a management conversation, clarifying expectations, providing support or training, making reasonable adjustments, or using mediation or a facilitated conversation. Importantly, an informal approach should not result in a formal warning or other formal disciplinary sanction.
2. Showing what has already been tried
Employers may be expected to explain what informal steps have already been taken before inviting an employee to a formal disciplinary meeting – or why an informal approach was not appropriate. Similarly, employees raising a formal grievance may be expected to explain what they have already done to try to resolve the issue and, where possible, what outcome they are seeking. This means organisations may need to become better at recording significant early interventions without turning every management conversation into a formal HR process.
3. More proportionate processes
The draft Code also reinforces that fact-finding and investigations should be objective, reasonable and proportionate. Once the facts are established, a formal disciplinary process may be appropriate, but it should not automatically be the only option. Depending on the circumstances, alternatives could include further support, training, mediation, a facilitated conversation or no further action. There is also clearer guidance that suspension should not be an automatic response. Where it is necessary, it should be justified, kept under review and as brief as possible.
What action can my organisation take now to prepare?
You do not need to wait for the new Code to take effect; now is a good time to review policies, processes and manager capability in readiness for the changes. Your focus should be on addressing concerns early where it is appropriate and safe to do so – but continue to use fair, robust formal procedures when the seriousness or nature of the issues requires them.
Review your policies – Make sure disciplinary and grievance policies allow for appropriate early and informal resolution, while being clear about when formal action is necessary.
Review your templates – Consider whether disciplinary letters should record what has already been tried to resolve an issue, or why informal action was not appropriate.
Build manager confidence – Managers will play a key role in this new approach. Ensure they have the skills to have difficult conversations, address concerns early and recognise when HR advice or formal action is required.
Keep appropriate records – ‘Informal’ should not mean ‘unrecorded.’ Consider how significant conversations and actions can be recorded proportionately.
Be clear about escalation – Some concerns will require formal action from the outset. Give managers clear guidance on when informal resolution is not appropriate.
Review suspension and mediation options – Ensure suspension is not treated as a default response and consider whether mediation or facilitated conversations could play a greater role in resolving suitable workplace disputes.
What does this mean for employers?
The direction of travel is clear: formal procedures remain important, but they should not always be the first destination. The proposed changes could help organisations resolve concerns more quickly, reduce the time and stress involved in formal processes and encourage more constructive working relationships.
There is also a legal dimension. Although the Acas Code is not legislation, employment tribunals take it into account in relevant cases, and an unreasonable failure to follow the Code can, in some circumstances, result in an award being adjusted by up to 25%.
