ACAS publishes updated draft Code of Practice on disciplinary and grievance procedures

Author: Daniel WilsonDate: 14 August 2026Read Time: 2 minutes

ACAS (the Advisory, Conciliation and Arbitration Service) recently published a new draft Code of Practice regarding disciplinary and grievance procedures. The new draft is open for public consultation until September 23rd, 2026.

The new draft proposes several key changes to the current Code of Practice, which last saw a full revision in 2009.

The Advisory, Conciliation and Arbitration Service.

ACAS released a statement regarding the new code:

"The Code provides employers, workers and representatives with short, principles-based guidance. It is a basis for organisations’ own internal policies and procedures. Employment tribunals must take the Code into account in relevant cases and can, in some types of claims, increase or reduce an award by up to 25% for unreasonable failure to follow the Code by an employer or employee."

The new code features 95 paragraphs of revised code, with employee, replaced by worker throughout. This allows for a widened scope, although the reference made to 25% increase or reduction in failure to follow the code is limited to employees only.

Alongside this another major change of terminology is the inclusion of employee and worker 'concerns', as opposed to disciplinary and grievance issues, when informal resolutions are being described. Failure to attempt informal resolutions could be be a factor in the aforementioned 25%.

Some new additions to the Code also include:

  • Guidance regarding suspensions to clarify their usage in limited circumstances.

  • Expectations for employers (when notifying a worker of formal disciplinary action) and workers (when raising a concern) to state the prior informal steps that have been taken to resolve the issue.

  • New guidance requiring workers, where possible, to suggest how they would like the resolution of their concern at the instance of raising the grievance in writing. This replaces the prior method in the existing Code of simply 'allowing' this during a formal grievance meeting.

  • Incorporation of a new section on mediation and facilitated conversations.

  • Guidance on case law development from 2018 (Talon Engineering Ltd v Smith) currently noted in the non-statutory foreword. This guidance specifies that employers should consider an increased time period for rearranged disciplinary meetings (More than 5-working days in the case a companion is unavailable, as specified by the statutory right to being accompanied). Refusal to postpone, where it is deemed unreasonable, may make dismissal unfair.

Whilst not following the ACAS Code of Practice, does not automatically make a business liable when it comes to tribunal claims, tribunals will take the Code into account when considering cases.

Need advice on the new draft ACAS Code of Practice?

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