Acas has published a draft of the first full rewrite of its Disciplinary and Grievance Code of Practice since 2009.
The proposed changes have generated significant discussion across the employment law community, and for good reason. The Acas Code plays a central role in workplace disputes, with Employment Tribunals taking it into account when determining cases and compensation. A failure to follow the Code can result in compensation awards being adjusted by up to 25%.
However, it is important to be clear: these changes have not yet come into effect.
Acas is currently consulting on a draft revised Code, with the consultation open until 23 September 2026. The final version may differ from the proposals currently being considered.
Much of the coverage so far has focused on the headline changes. Informal resolution is proposed to become part of the statutory Code for the first time. Suspension would be subject to a clearer necessity test. Mediation receives greater prominence. The terminology throughout would shift from “employee” to “worker”.
All important developments.
But in our view, the most significant proposal is receiving the least attention.
The Equality Act change employers should be watching
If adopted in its current form, the draft Code would, for the first time, explicitly require employers to consider their obligations under the Equality Act 2010 when handling disciplinary, grievance and workplace concerns.
Specifically, the draft asks employers to consider whether reasonable adjustments are needed to ensure individuals can participate fully in the process. Examples include:
- Holding meetings in accessible locations
- Providing documents in accessible formats
- Allowing a support worker who understands the individual’s disability
- Providing an interpreter where there is a language barrier
- Considering support beyond the statutory right to be accompanied
The current 2009 Code contains no equivalent provision.
If this proposal is retained in the final version, it could represent one of the most significant practical changes employers have seen in workplace investigations and employee relations processes for many years.
A process isn’t fair if someone can’t access it
In our experience, disability discrimination claims rarely begin at the point of dismissal.
They begin much earlier.
An investigation invitation issued with 24 hours’ notice.
A three-hour disciplinary hearing with no breaks.
A substantial evidence bundle arriving the night before a meeting.
A process designed around administrative convenience rather than accessibility.
When an individual struggles to participate, the narrative can quickly become one of “failure to engage”. That perceived failure then becomes part of the case against them.
The reality is often very different.
The process itself was inaccessible.
A fair process that somebody cannot access is not a fair process.
If implemented in its current form, the revised Acas Code would make that principle clearer than ever.
The commercial case for early resolution
The draft Code is accompanied by research from Acas examining the cost of workplace conflict.
According to Acas, formal disciplinary and grievance procedures cost UK employers approximately £2.36 billion each year, while informal resolution costs around £250 million.
Acas also found that 44% of working-age adults in Great Britain experienced workplace conflict during the previous 12 months.
More revealing is what respondents believed would actually help resolve workplace issues.
The most common answers were:
- Good working relationships with colleagues (58%)
- A shared willingness to find solutions (53%)
- A workplace culture that supports open conversations (52%)
Not one of those is a policy.
They are all culture.
And culture cannot be created through disciplinary procedures alone.
Where we’d push back
While we welcome many aspects of the draft, there are areas where we believe the consultation should go further.
Manager training is still treated as optional
The draft Code refers to manager training as “good practice” rather than something employers “should” do.
In reality, many of the disciplinary and grievance issues we encounter can be traced back to an untrained manager attempting to navigate a complex situation under pressure.
Most procedural failures are not deliberate.
They happen because managers are expected to manage difficult conversations, investigations and workplace conflict without sufficient support.
Given the legal and commercial consequences of getting these processes wrong, we believe stronger language should be considered.
The Worker versus Employee question
The draft Code proposes replacing the word “employee” with “worker” throughout.
However, the existing 25% uplift provisions under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 apply only to employees.
Acas has specifically asked consultees whether this could create unintended consequences and uncertainty.
It is a question employers should be paying attention to.
What employers should be considering now
The consultation remains open and the final Code may look different to the draft currently under discussion.
Nothing has changed legally at this stage.
Employers are not yet required to comply with the proposed provisions and should continue to follow the current Acas Code.
However, the consultation does provide a valuable indication of the direction of travel and gives employers an opportunity to review their practices before any future implementation.
Practical steps worth considering now include:
Review your templates
If the proposals are adopted, disciplinary invitation letters and grievance submissions may need to reference any informal steps already taken or explain why informal resolution was not appropriate.
Review suspension practices
The draft introduces a clearer expectation that suspension should only be used where necessary. Employers should consider whether their current approach would withstand that level of scrutiny.
Start the adjustments conversation earlier
Whether or not the final Code adopts the proposed wording, accessibility should not be an afterthought.
Consider discussing reasonable adjustments at the outset of every disciplinary, grievance and investigation process rather than waiting until concerns are raised or appeals are lodged.
Invest in manager capability
The consultation reinforces something we have been saying for years: the success or failure of workplace processes often comes down to the confidence and capability of line managers.
Training is not simply good practice.
It is one of the most effective forms of risk management available to employers.
Have your say on the Acas consultation
Acas has made it clear that it wants to hear from workers, employers and individuals with a broad range of lived experiences before finalising the revised Code. Respond here.
If you have experienced a disciplinary, grievance or workplace investigation process that felt inaccessible, this is precisely the type of feedback Acas is seeking.
At this stage, the proposals remain just that: proposals.
But they provide a valuable insight into how Acas believes workplace concerns should be addressed in the future.
Whether the final Code adopts these changes in full or in part, one message is already clear.
The future of workplace relations is not simply about following procedures.
It is about creating processes that people can genuinely access, participate in and trust.
