Acas has launched a consultation on a new draft Code of Practice on disciplinary and grievance procedures (the 2026 Code), which closes on 23 September 2026. This is the first substantive review of the Acas Code of Practice on disciplinary and grievance procedures (the 2015 Code) since 2009. If approved, the 2026 Code will replace the 2015 Code. This insight sets out the key proposed changes and the implications of those changes for employers.

Key points

1. Informal resolution is now a key part of the 2026 Code: employers and workers are expected to seek to address concerns informally, at an early stage, before formal procedures are triggered. This is significant: for the first time, any unreasonable failure to try to address concerns informally, before formal procedures are triggered, could result in an employment tribunal deciding to increase or decrease any compensation awarded by up to 25%.
2. The formal disciplinary process is largely unchanged, but the 2026 Code expects employers to investigate proportionately, consider alternatives, and avoid unnecessary escalation. Formal hearing invitations will need to set out informal steps taken to try and resolve the issue, or why none were taken at all.
3. Suspension is a last resort. The 2026 Code makes clear that, suspension is not a default step, reflecting the existing case law that it is not a neutral act. Employers should ensure that suspension decisions are justified, carefully documented, communicated clearly and kept under review.
4. Shorter, clearer solution-focused grievances. Workers are encouraged to state the outcome they want, what informal steps they have tried and provide concise written submissions, likely in response to the lengthy AI generated grievances currently circulating.
5. New sections encourage employers to:
   1. avoid unlawful discrimination and consider reasonable adjustment requirements as part of any process,
   2. routinely consider mediation, facilitated conversations and alternative dispute resolution methods to resolve disputes early, and
   3. provide training and support to develop skills and confidence in resolving concerns.
6. The 2026 Code consolidates existing law and introduces more flexibility in relation to:
   1. right to be accompanied, encouraging employers to consider requests to be accompanied that may be outside the strict statutory right, where that may help resolve the issue, and
   2. postponements.
7. Broader application to “workers” not just "employees" (although the 25% uplift power only applies to employees).

Key takeaways

The 2026 Code retains the core framework for disciplinary and grievance processes but signals a clear policy shift towards resolution and away from escalation. The proposed 2026 Code is still subject to change. Baroness Jones of Whitchurch said in the Foreword: “This consultation starts a conversation about how we can disagree better at work.”

Employers should now take the opportunity to shape the final version of the 2026 Code by responding to the consultation. They should also keep the draft 2026 Code in mind when reviewing existing policies and in their approaches to existing disciplinaries and grievances.

How Capsticks can help

Capsticks has significant experience supporting employers before, during and after grievance and disciplinary processes (including delivering training, supporting decision makers and HR involved in the management of the process and defending any legal challenges / claims that may arise).

For further information on how we might assist your organisation, please contact Sian Bond, Alistair Kernohan or John Hatton.