Proposed Acas Disciplinary and Grievance Code Changes: What Employers Need to Know

Primary SEO keyword: Acas disciplinary and grievance Code changes

Supporting keywords: disciplinary and grievance procedures, informal resolution at work, people management, manager training, performance management

Meta description: Acas is consulting on changes to its disciplinary and grievance Code. Find out what is being proposed and what UK employers can do now to strengthen people management.

Acas is consulting on proposed changes to its statutory Code of Practice on disciplinary and grievance procedures, with a much greater focus on resolving workplace concerns early, informally and constructively wherever appropriate.

The Acas consultation opened on 30 July 2026 and closes on 23 September 2026.

It is important to be clear that these changes are not yet in force. Acas will consider responses to the consultation and may amend the draft before deciding whether to proceed. The updated Code would then need to go through the required approval process.

So, employers do not need to start rewriting their disciplinary and grievance procedures based on the draft.

However, the proposals provide a valuable indication of the direction Acas is taking – and there are lessons for employers that go far beyond the disciplinary and grievance policy itself.

The underlying theme is simple: workplace concerns should, where appropriate, be identified and addressed earlier, before they unnecessarily escalate into formal disputes.

That makes this a good opportunity for employers to look at the bigger picture.

How strong is your everyday people management?

What is Acas proposing to change?

The current Acas Code focuses predominantly on formal disciplinary and grievance procedures.

Although informal resolution is already recognised, the proposed Code would bring much clearer guidance on early and informal resolution into the statutory Code itself.

Acas says the purpose of the update is to better promote the early resolution of workplace concerns, helping employers and workers prevent, manage and resolve conflict before it escalates.

This is important because employment tribunals must take the statutory Code into account in relevant cases. In some types of claims, an award can be increased or reduced by up to 25% where an employer or employee has unreasonably failed to follow the Code.

So what are the main proposals?

A greater focus on informal resolution

Perhaps the most significant proposal is to bring informal resolution much more clearly into the statutory Code.

The draft says employers and workers should aim to resolve concerns early, prevent unnecessary escalation and deal with issues promptly.

For an employer concerned about someone’s conduct or performance, that might mean starting with a management conversation where appropriate rather than automatically moving into a formal disciplinary procedure.

The proposed approach includes explaining the concern, listening to the employee and discussing what might help resolve it.

Depending on the circumstances, that could include clarifying expected standards, identifying training needs, providing support, putting appropriate reasonable adjustments in place for a disabled worker or agreeing how progress will be reviewed.

This does not mean every issue has to be dealt with informally.

Serious matters may need to move directly into a formal process. But where informal resolution is appropriate, the draft puts much greater emphasis on trying to resolve the concern at that stage.

It also makes an important distinction: an informal conversation should not, by itself, result in a formal disciplinary warning. If formal disciplinary action becomes necessary, the appropriate formal process should be followed.

Employers may need to explain what they have already tried

Another important proposal affects what happens when a concern does need to become formal.

When notifying a worker of a formal disciplinary meeting, the draft says employers should state what steps have already been taken to try to resolve the issue informally.

If no informal steps were taken, the employer should explain why.

Again, this is not saying that every disciplinary matter must go through an informal stage first.

It is about employers considering the circumstances and being able to explain the approach they have taken.

For managers, that makes good everyday management and appropriate record keeping even more relevant.

Grievances would have a greater focus on resolution too

The proposals do not only affect employers raising concerns about performance or conduct.

Acas is also proposing changes to the grievance process.

Where possible, a worker raising a formal grievance would be expected to explain how they would like their concern to be resolved and what informal steps have already been taken, or why none were taken.

The intention is to encourage everyone involved to think about resolution rather than allowing workplace conflict to become unnecessarily entrenched.

Suspension should not be an automatic response

The draft also expands the guidance around suspension during a disciplinary investigation.

Acas is proposing clearer guidance that suspension should only be considered in limited circumstances rather than being an automatic response when a serious concern is raised.

Where suspension is used, the draft says it should be as brief as possible and reviewed. Acas also proposes good-practice guidance around communicating the decision sensitively and making clear that suspension is not disciplinary action.

For employers, this reinforces the importance of considering each situation individually rather than simply following a standard process without considering whether it is appropriate.

Mediation and facilitated conversations could play a greater role

The proposed Code also introduces a dedicated section on mediation and facilitated conversations.

These approaches can sometimes help people resolve workplace concerns, improve communication and rebuild working relationships.

They will not be suitable for every situation, and the draft recognises this. But their inclusion reflects the wider move towards considering different ways of resolving workplace conflict rather than viewing formal disciplinary or grievance action as the only available route.

Greater emphasis on equality, mental health and reasonable adjustments

The draft Code places greater emphasis on employers avoiding unlawful discrimination and considering whether reasonable adjustments or other adaptations may be needed when dealing with workplace concerns.

Under the Equality Act 2010, the legal duty to make reasonable adjustments applies where a worker is disabled. Disability is not limited to physical conditions. Mental health conditions can also amount to a disability, as can some neurodivergent conditions, depending on the individual circumstances and whether the legal definition of disability is met.

This is particularly important when managing performance, conduct, absence or workplace concerns. A change in someone’s performance or behaviour may sometimes be connected to an underlying physical or mental health condition, disability or neurodivergence.

Managers should therefore avoid making assumptions and be prepared to have an appropriate conversation to understand whether there is something affecting the employee at work and whether support or adjustments should be considered.

Reasonable adjustments will depend on the individual and the disadvantage they are experiencing. They could include changes to working hours or patterns, additional breaks, adjustments to duties or workload, changes to communication methods, providing information in an accessible format, adapting the working environment or providing additional support.

Adjustments can also apply to the disciplinary or grievance process itself. For example, an employer may need to consider how meetings are conducted, whether documents need to be provided in an accessible format, whether additional support is appropriate or whether another aspect of the process needs to be adapted to enable a disabled worker to participate fairly.

Mental health deserves particular consideration. Acas advises that mental health problems can fluctuate and may not always be obvious. Where a mental health condition amounts to a disability, the employer has a legal duty to make reasonable adjustments where required. Where a mental health condition does not meet the legal definition of disability, the statutory reasonable-adjustments duty may not apply, but employers should still take mental health concerns seriously and consider what appropriate support may help.

The draft Code also encourages employers and workers to discuss adjustments and adaptations early. This fits with its wider emphasis on understanding and addressing concerns before they unnecessarily escalate.

Reasonable adjustments should not simply be agreed and forgotten about either. Circumstances can change, particularly with fluctuating conditions, so adjustments may need to be reviewed to make sure they remain effective.

This reinforces an important people-management principle: treating people fairly does not always mean treating everybody in exactly the same wa

What does this have to do with everyday people management?

Quite a lot.

The proposed Code is not introducing a requirement for employers to hold monthly one-to-ones, operate probation reviews or conduct wellbeing meetings.

But the increased emphasis on early conversations and informal resolution reinforces why those everyday management practices matter.

A problem is generally easier to address when it is identified early rather than after months of frustration, misunderstanding or silence.

And that is where good people management comes in.

Regular one-to-ones can identify concerns earlier

Regular, meaningful one-to-ones give managers and employees an opportunity to discuss performance, objectives, workload, development, working relationships and wellbeing.

They also create an opportunity to notice when something is not quite right.

Perhaps deadlines are repeatedly being missed.

Maybe an employee’s performance has changed.

There could be tension between colleagues.

Or someone might be struggling with their workload but has not felt able to say anything.

A manager being able to ask, “I’ve noticed you’re struggling with this. What’s getting in the way?” is very different from allowing the situation to deteriorate until a formal performance or disciplinary process feels like the only option.

Early conversations do not mean lowering standards or ignoring poor performance.

They mean addressing concerns at the right time and at the right level.

Probation should be a process, not a date in the diary

The same principle applies to probation.

An employee should not reach the end of their probationary period and discover for the first time that their manager has concerns about their performance or conduct.

Effective probation starts with good onboarding and clear expectations.

It should continue through regular conversations about progress, objectives, expected standards and behaviours, training and development, workload, working relationships, wellbeing and any support that may be required.

Where something is not working, managers should address it.

What needs to improve?

Is the expectation clear?

Does the employee need additional training or support?

Is there something else contributing to the problem?

What actions are being agreed?

When will progress be reviewed?

Good probation management gives employees a genuine opportunity to succeed while helping employers identify concerns before they become more difficult to resolve.

Our People & HR Services support SMEs with practical day-to-day people management, including probation and informal performance management, as well as more complex employee relations matters where required.

Clear expectations make performance management easier

People cannot reasonably be expected to meet standards they do not understand.

Job descriptions, policies and procedures all have an important role, but they do not replace good conversations between managers and employees.

Effective performance management means people understand what is expected of them, what good performance looks like, what their priorities are and where improvement is required.

When something is not right, managers should be able to explain the concern clearly, listen to the employee, agree what needs to change and identify any appropriate support.

This closely reflects the proposed Acas approach to resolving employer concerns informally, including clarifying expectations, considering support and identifying training needs.

Wellbeing and mental health can be part of the picture

Performance, behaviour and wellbeing do not always sit neatly in separate boxes.

Someone who has previously performed well may suddenly begin to struggle.

There could be many contributing factors, including workload, workplace relationships, unclear priorities, insufficient training, personal circumstances, health, disability or neurodiversity.

A good manager should not automatically assume they know the reason.

They should be prepared to have a conversation and listen.

That does not prevent an employer from managing performance or conduct appropriately. It means understanding the person and the circumstances before deciding what action is appropriate.

Sometimes performance needs managing.

Sometimes support is required.

Where a worker is disabled, sometimes a reasonable adjustment needs to be considered.

And sometimes several of those things need to happen together.

Open communication works both ways

Early resolution is not solely about managers raising concerns with employees.

Employees need to feel able to speak too.

If somebody does not feel comfortable saying “I’m struggling”, “I’m not clear about what’s expected of me”, “there’s a problem in the team” or “I need some support”, a relatively manageable concern can sit beneath the surface.

Eventually it may appear as poor performance, absence, disengagement, conflict, resignation or a formal grievance.

Creating a culture of open communication does not mean everybody will always agree.

It means people can raise concerns, managers listen and issues are addressed rather than allowed to grow.

Managers need the confidence to manage

A business can have an excellent employee handbook and comprehensive HR policies and still experience poor people management.

Policies cannot have conversations with employees.

Managers have to do that.

And having difficult conversations does not necessarily come naturally.

Managers may worry about upsetting somebody, saying the wrong thing or making the situation worse. As a result, conversations are delayed and concerns that might once have been relatively straightforward become much harder to resolve.

The proposed Code recognises the importance of this. Acas identifies training and support for managers, workers and representatives as good practice to help build the skills and confidence needed to resolve concerns early and effectively.

Training is part of good people management

We should not simply expect somebody to know how to manage people because the word “Manager” appears in their job title.

People management is a skill that needs to be developed.

Managers need the knowledge and confidence to conduct effective one-to-ones, manage probation, set expectations, give constructive feedback, address performance concerns, communicate effectively, recognise wellbeing issues, manage workplace conflict and understand when something requires HR support.

Training can play an important role in building that capability.

Craven provides HR, Leadership & People Management Training, alongside our Craven Learning Hub, which brings together online learning, onboarding and workforce compliance in one platform.

For SMEs in particular, combining good policies, confident managers, regular conversations, appropriate HR support and accessible learning and development can create a much stronger people-management framework.

Informal does not mean undocumented

Moving towards early and informal resolution does not mean important conversations should simply disappear without a record.

Equally, employers should not turn every everyday management conversation into a formal HR process.

The key is appropriate and proportionate record keeping.

Depending on the circumstances, that could include a one-to-one record, probation review, agreed objectives, training or development plan or a short management note recording what was discussed and agreed.

The draft Code recognises that it can sometimes be mutually beneficial to confirm the outcome of an informal approach in writing. It also makes clear that an informal outcome must not subsequently be treated as though it were a formal disciplinary warning.

Good records provide clarity for everyone.

And if a concern eventually does need to move into a formal process, they can help demonstrate what has previously been discussed, agreed and supported.

When is a formal process still appropriate?

Early resolution does not mean avoiding formal disciplinary and grievance procedures when they are genuinely needed.

Some concerns are too serious to be dealt with informally.

Potential gross misconduct or other serious concerns may need to progress directly to an appropriate formal process.

Similarly, where performance or conduct concerns have been appropriately addressed informally but sufficient improvement has not been achieved, formal action may become necessary.

The important thing is that the approach taken is fair, reasonable and proportionate to the circumstances.

Where employers need support navigating these situations, Craven’s People & HR Services provide practical HR support, while more complex disciplinary, grievance, capability and investigation matters can be supported through our enhanced HR services.

What should employers do now?

There is no need to rewrite disciplinary and grievance procedures based on a draft Code.

But there is also no need to wait for the final Code to strengthen the fundamentals of good people management.

Employers can use this opportunity to consider:

• Are managers holding meaningful one-to-ones?
• Are probation reviews happening throughout probation rather than only at the end?
• Do employees understand what is expected of them?
• Are performance and conduct concerns addressed promptly?
• Do employees feel able to raise concerns?
• Are wellbeing, mental health and reasonable adjustments considered appropriately?
• Are important conversations and agreed actions recorded proportionately?
• Are managers receiving appropriate people-management training?
• Do managers have the confidence to have difficult conversations?
• Do managers understand when informal management is appropriate and when they should seek HR support?

If the answer to several of these questions is no, simply updating a disciplinary and grievance policy is unlikely to address the underlying problem.

Good people management starts before there is a problem

The proposed Acas disciplinary and grievance Code changes provide a timely opportunity for employers to look beyond their formal HR procedures and consider how people are actually being managed day to day.

It is good onboarding.

It is meaningful probation reviews.

It is the one-to-ones that actually happen.

It is setting clear expectations.

It is addressing performance concerns early.

It is noticing when somebody is struggling.

It is giving constructive feedback.

It is listening when somebody raises a concern.

It is considering wellbeing and reasonable adjustments.

It is investing in manager training and development.

And it is having the confidence to address workplace problems before they are allowed to grow.

Whatever the final version of the Acas Code looks like, these are strong foundations for effective people management.

Formal disciplinary and grievance procedures will always have an important place. But good day-to-day management can help organisations identify concerns earlier, resolve issues more effectively and build healthier working relationships.

How Craven Consultancy Services can help

At Craven Consultancy Services, we help UK SMEs put the foundations of good people management into practice.

Our People & HR Services provide practical support across the employee journey, from onboarding, probation and performance management through to wellbeing, reasonable adjustments, disciplinary and grievance procedures and complex employee relations matters.

We also provide HR, Leadership & People Management Training, while our Craven Learning Hub provides flexible online learning to support onboarding, workforce development and ongoing compliance.

Good people management is not simply about having the right policies. It is about giving managers and employees the knowledge, confidence, communication and support to put them into practice.

If you would like support strengthening your people-management approach, developing your managers or managing a disciplinary or grievance matter, get in touch with Craven Consultancy Services.

The Acas consultation remains open until 23 September 2026. Employers and other interested organisations can read the draft Code and respond to the consultation directly through Acas.