ACAS has just published a new draft Code of Practice on Disciplinary and Grievance Procedures – the first full rewrite since 2009.
Key changes include:
- Informal resolution moves inside the statutory Code. This means failure to attempt informal resolution could, for the first time, factor into the 25% uplift in compensation.
- New letters requirement: disciplinary invitation letters and grievance letters must state what informal steps were taken, or why none were.
- Suspension: a new necessity test – suspension should only be used in limited circumstances, codifying the existing case law that it is not a neutral act.
- Terminology: ‘worker’ replaces ’employee’ throughout, widening the scope (although the 25% uplift power remains employee-only under s207A TULR(C)A 1992).
- New sections: reasonable adjustments, manager training, and mediation/facilitated conversations (with formal processes potentially paused during mediation).
The Consultation closes on 23 September 2026.