Acas publishes consultation on updated UK draft Code of Practice on Disciplinary and Grievance Procedures

At a glance

• On 30 July 2026, Acas published a consultation on a revised draft Code of Practice on Disciplinary and Grievance Procedures.
• The language and tone of the Acas Code has been substantially revised. It now refers to 'concerns' rather than disciplinary and grievance issues when referring to informal resolution. References to 'employees' are replaced with 'workers'.
• The consultation closes on 23 September 2026. There is no indication of the timing for the draft Code and guidance to be brought into force.

On 30 July 2026, Acas published a consultation on a revised draft Code of Practice on Disciplinary and Grievance Procedures.

The Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) is a statutory code of practice, setting out the standards of expected behaviour for employers and employees in situations covered by the code. The Acas Code is not in itself binding; however, employment tribunals must take it into account where relevant to any question a tribunal has to determine.

Any unreasonable failure to comply with the Acas Code may lead a tribunal to award either an uplift in, or reduction to, compensation in relevant claims by up to 25%, where it considers it just and equitable to do so. Relevant claims are set out in Schedule A2 of TULRCA 1992 and include claims of unfair dismissal and discrimination.

The language and tone of the Acas Code has been substantially revised. It now refers to 'concerns' rather than disciplinary and grievance issues when referring to informal resolution. References to 'employees' are replaced with 'workers' as Acas considers that it is good practice for employers to follow the Acas Code in relation to workers. However, the uplift / reduction continues to apply only to claims by employees.

The draft Acas Code places greater emphasis on resolving concerns early and informally; failure to try and resolve matters informally could lead to adjustments to compensation. There is no statutory right to be accompanied at an informal meeting about conduct or performance, and such meetings should never result in formal disciplinary action.

In order to support informal early resolution, the draft Acas Code encourages employers to provide training and support to managers, workers and representatives.

A new section has been included setting out when suspension will be appropriate. Suspension should only be considered in limited circumstances if necessary to comply with a legal requirement or where the employer reasonably believes it would protect:

• The investigation. For example, if there is a reasonable concern about the worker damaging evidence or influencing witnesses.
• The organisation. For example, if there is a genuine risk to customers, clients, property or business interests.
• Other staff.
• The worker under investigation.

It remains the case that the Acas Code will not apply to redundancy dismissals or the non-renewal of fixed term contracts when they expire, or to collective grievances.

The consultation closes on 23 September 2026. There is no indication of the timing for the draft Code and guidance to be brought into force.