The biggest shake up of the Acas Code in 17 years

Acas has published a draft new Code of Practice on Disciplinary and Grievance Procedures for consultation. It is the first full rewrite since 2009 and, although nothing is final yet, there are some significant changes for HR.

Three key changes in the draft code

Informal resolution moves into the Code

The current encouragement to resolve issues informally sits outside the statutory Code. The draft would bring it into the Code itself, with dedicated sections encouraging employers and workers to try informal resolution before beginning formal procedures.

Bringing informal resolution into the Code could give it greater legal significance, particularly when tribunals consider compliance with the Code and any potential uplift to compensation.

The draft would also introduce a practical requirement. A disciplinary invitation would need to explain what informal steps have already been taken, or why none were appropriate, and workers raising formal grievances would face a similar expectation.

Suspension gets a tougher test

The draft makes clear that suspension should only be used where necessary and in limited circumstances. That reflects the direction of existing case law but puts the message much more firmly into the Code: suspension should not be the automatic response to an allegation.

More emphasis on equality, training and mediation

There are new standalone sections covering reasonable adjustments, manager training, and mediation/facilitated conversations. The latter is particularly notable: mediation is absent from the current Code, while the draft expressly contemplates pausing formal procedures to allow it to take place.

The draft also replaces “employee” with “worker” in most places, potentially broadening the Code’s reach, although the statutory 25% uplift remains available only in respect of employees.

But what about AI?

One notable omission is AI. The draft Code is silent on its use in grievance situations, despite AI-generated grievances and responses becoming a very real issue for HR teams.

Acas has not ignored the issue altogether. The consultation specifically asks whether the non-statutory guidance accompanying the Code should address the use of AI in disciplinary and grievance procedures. That is an area where HR practitioners may particularly want to have their say.

What should HR do now?

Employers should start preparing now by identifying where changes may be needed, particularly in relation to informal resolution, disciplinary and grievance templates, suspension, and manager training. Our Employment team can help you review your current policies and procedures and prepare for the proposed changes once confirmed. The consultation closed on 23 September 2026.

Here to help

Our Employment team can help employers prepare for changes to the Acas Code, review disciplinary and grievance procedures, and support managers through workplace issues. If you would like advice on how the proposed changes could affect your organisation, please contact Miranda Mulligan, Senior Solicitor, in our Employment Law team.

Please note, the contents of this article are provided for information only and must not be relied upon.