ACAS has opened consultation on a new Code of Practice on Disciplinary and Grievance Procedures which will result in the first full rewrite since 2009. The consultation runs until 23 September 2026 and proposes changes covering informal resolution, suspension, mediation, manager training and reasonable adjustments.

Most of the proposals seem sensible as the workplace has changed a lot over the last 17 years and it would be strange if the framework for handling employee relations issues didn’t need to evolve too.

Of course, that doesn’t mean every aspect of the proposed draft will survive consultation unchanged, or that every proposal will work exactly as intended in practice. But there is plenty here that employers should be paying attention to.

It’s worth noting that the biggest changes aren’t to the formal part of the process

Yes there may be some procedural updates, but the more significant shifts look set to be around what happens before a formal process starts.

The draft Code places much greater emphasis on informal resolution and early intervention. Employers and workers are encouraged to address concerns through discussion, support, coaching, mediation or facilitated conversations before progressing to formal disciplinary or grievance procedures.

In most cases we’d say that’s going to be the right way to go – in fact it’s what we recommend already at vivoHR – after all most employee relations issues are easier, quicker and cheaper to resolve before positions become entrenched and formal paperwork appears.

But….(there’s always a but!) there’s a little concern in our minds that it will be a blunt set of guidelines with businesses suffering a potential increase in awards made against them if for whatever reason it doesn’t work to take all those informal steps.

We will see as the consultation concludes and the final draft is produced…

So, what is being proposed?

One of the headline changes is that informal resolution moves from supporting guidance into the main body of the Code itself.  This matters because tribunals can take compliance with the Code into account when considering compensation adjustments in relevant cases.

It’s likely to increase focus on questions such as:

• Was an informal conversation attempted?
• Was mediation considered?
• Was there a good reason for moving straight to a formal process?

The intention of this shift in the Code is clearly to encourage earlier resolution which of course is a positive thing.

What we want to avoid of course is this becoming a compliance exercise.  If organisations start creating extensive evidence trails purely to prove they tried to be informal, the original purpose could get lost.

The draft Code also proposes that disciplinary invitation letters and grievance correspondence should explain either what informal steps have already been taken or why informal action was not appropriate.

Will that create additional administration? Almost certainly.

Will it encourage managers to think more carefully before escalating issues? Hopefully!

Another notable change is the approach to suspension.  The draft Code reinforces the principle that suspension should be used only where necessary and not simply as a routine response to an allegation.

Again, this isn’t exactly revolutionary. Employment law has been moving in this direction for some time.  But the expectation is clearer and pushes employers to demonstrate why suspension was justified in the circumstances.

The additions around manager training, reasonable adjustments, mediation and avoiding discrimination may ultimately have more impact than some of the procedural changes.

Most organisations don’t struggle because they lack policies but because employee relations issues are being handled by managers who are inexperienced, under pressure or lacking confidence in difficult conversations.

The draft Code can fix that on its own but we are all for it  if this update encourages employers to invest more in management capability and confidence.

So, where does that leave us?

Overall for vivoHR and our clients who already operate on good practice principles, this feels like suggestions for pragmatic updates rather than a radical overhaul.

Essentially the key message is that concerns should be addressed earlier, formal processes should be a last resort where possible, and employers should be able to explain why they took the approach they did.

Seems sensible to us! Whether the final version of the new Code strikes the right balance between encouraging resolution and creating additional process remains to be seen of course. As ever, the detail matters.

For now, though, employers would be wise start considering whether their current approach genuinely focuses on resolving problems or simply managing them once they’ve already escalated.

Ask yourself this – If an Employment Tribunal asked you or one of your managers “What steps did you take to resolve this informally before starting a formal process?”, would they have a clear, consistent and well-evidenced answer?

What would be your answer?

If you’d like a pragmatic review of your employee relations framework, manager capability or disciplinary and grievance procedures, we’d be happy to have a conversation. Sometimes a fresh pair of eyes is all that’s needed to identify risks, simplify processes and make sure your approach stands up to scrutiny when it matters most.

At vivoHR, we help organisations build employee relations practices that are commercially sensible, legally robust and workable in the real world.