We mentioned this last month and the consultation is now almost over.
ACAS is proposing an updated Code of Practice on Disciplinary and Grievance Procedures, with a much stronger focus on resolving workplace concerns early, fairly and informally where appropriate. The existing Code was last fully revised in 2009, with amendments in 2015.
So, what should employers be paying attention to?
Talk before you escalate
The draft places much greater emphasis on trying to resolve concerns informally where appropriate, rather than automatically moving straight to a formal process.
Think about your records
Where a formal disciplinary process begins, employers may need to explain what informal steps have already been taken or why an informal approach wasn’t appropriate.
Think carefully about suspension
The draft provides clearer guidance that suspension should only be used in limited circumstances and should not simply become the default response.
Consider other ways to resolve conflict
The proposed Code also brings greater attention to reasonable adjustments, mediation and facilitated conversations where appropriate.
Key Takeaways
This isn’t about throwing your disciplinary and grievance policies in the bin. It’s about making sure your managers know how to use them and, importantly, when not to use them yet.
Good people management means having the confidence to have the difficult conversation before the situation becomes a formal HR case.
The consultation closes at 11:59pm on 23 September 2026, with ACAS currently expecting the updated Code to come into effect in 2027, subject to the approval process.
Is your management team confident handling difficult people issues? That’s exactly what our Management Development Programmes are designed to help with, so get in touch with us as we shall be running an open programme in 2027!