Acas opens consultation on new Disciplinary and Grievance Code

Acas has just launched a public consultation on its draft Code of Practice for Disciplinary and Grievance Procedures. This represents a significant shift and is considered one of the most substantial amendments to the Acas Code since it was last fully revised in 2009.

The eight-week consultation opened on 30 July 2026 and closes on 23 September 2026.

It’s clear that the main theme running through the proposed changes is a renewed focus on early and informal resolution within the workplace before concerns are allowed to escalate into formal disciplinary or grievance procedures or, ultimately, employment tribunal claims.

Currently, the Code provides guidance on handling disciplinary and grievance situations fairly in the workplace and applies wherever there’s potential for disciplinary action against a worker or where an employee raises a formal grievance. Employment tribunals take the Code into account when assessing whether a procedure has been handled fairly, and an unreasonable failure to comply with it can lead to an increase or reduction in any tribunal award of up to 25%.

Key proposed changes

Informal resolution moves inside the statutory Code

Currently, encouragement to resolve issues informally sits only in the Code’s foreword and carries no direct weight before a tribunal. Under the draft, this expectation is written into the Code itself, meaning that a failure to attempt informal resolution could, for the first time, be taken into account when a tribunal decides whether to apply the 25% uplift (or reduction) to compensation.

New letters requirement

Disciplinary invitation letters and grievance letters will need to record what informal steps were taken before formal action was commenced or explain why none were considered appropriate.

Suspension: a new necessity test

The draft Code proposes that suspension should only be used in limited circumstances, reflecting Acas’s concern that unnecessary suspensions can increase tensions, prove costly and negatively affect both individuals and workplaces. The consultation specifically asks respondents whether the Code should include guidance on the limited circumstances in which suspension is a suitable option.

This is particularly relevant in the education sector, where suspension pending investigation is often reached, especially in safeguarding matters.

Terminology: ‘worker’ replaces ‘employee’

The draft Code widens its scope by referring to ‘workers’ rather than ‘employees’ throughout, meaning the informal resolution and process expectations will extend to a broader range of staff, including some agency staff and casual workers. However, it’s worth noting that the 25% uplift power to adjust tribunal awards remains limited to employees, not the broader category of workers.

New sections on reasonable adjustments, manager training and mediation

The draft Code introduces standalone guidance on making reasonable adjustments during disciplinary and grievance processes, on the training expected of managers handling these situations and on the use of mediation or facilitated conversations. Notably, formal disciplinary or grievance processes may be paused while mediation is attempted.

Beyond these five headline changes, the draft Code also proposes a shift towards less adversarial and legalistic language, for example referring to employer and worker ‘concerns’ rather than ‘disciplinary’ and ‘grievance’ issues when describing informal resolution, while retaining the latter terms for formal procedures.

The consultation also asks, for the first time, whether the Code or accompanying guidance should address issues arising from the use of AI in disciplinary and grievance procedures, an area of growing relevance as schools, academies and colleges increasingly rely on digital tools and platforms in HR processes.

What should schools do?

The direction of travel is unmistakable: Acas is seeking to embed early, informal resolution as a genuine first step, not just good practice. Schools should therefore start considering what the proposed changes could mean for their policies, training and day-to-day handling of concerns.

It will also be important to:

• Review current disciplinary and grievance policies and template letters to ensure they record the informal steps taken and explain why an informal approach was not considered appropriate, ready to be updated once the final Code is published
• Consider current suspension practice, particularly in safeguarding-related cases, and ensure decision-makers document why suspension is necessary and why alternatives are not appropriate
• Begin planning training for managers and HR staff on informal resolution techniques and mediation, ahead of any new Code taking effect
• Consider responding to the consultation, given the sector-specific pressures facing schools. The consultation closes on 23 September 2026, giving schools an opportunity to explain how the proposed changes may operate in practice, particularly in safeguarding-sensitive cases.

We’ll continue to monitor the consultation and will provide a further update once the final Code of Practice is published.