On 30 July 2026, Acas issued a new draft Code of Practice on disciplinary and grievance procedures (“the draft Code“) to replace the Code issued in 2015 (“the Code”). It will be subject to public consultation and then laid before both Houses of Parliament.
What is the Code?
Acas, the Advisory, Conciliation and Arbitration Service, currently maintains five statutory Codes of Practice, which are issued under powers set out in the Trade Union and Labour Relations (Consolidation) Act 1992. The Code on disciplinary and grievance procedures was published in 2009 and had since been replaced in 2015. The Code does not apply to redundancy dismissals or the non‑renewal of fixed-term contracts when they expire. The Code is not binding although employment tribunals must take it into account. A tribunal may, where there is an unreasonable failure to comply with the Code, award an uplift or reduction to any compensation awarded by up to 25%.
What changes does the draft Code make?
Informal Resolution
One of the most significant structural changes is that early, informal resolution is being written directly into the statutory draft Code itself. Acas notes that the existing Code’s guidance on informal resolution sits only in its non-statutory foreword, whereas the draft Code incorporates dedicated sections on “Resolving employer concerns informally” and “Resolving worker concerns informally” as substantive, numbered provisions. The draft Code states that an informal approach will not be...
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