The new Acas disciplinary and grievance code: what the 2026 draft changes for you

Updated 19 September 2026

The Acas Code is the rulebook an employment tribunal reads when it asks whether a disciplinary or a grievance was handled fairly. Acas wants to rewrite it for the first time since 2009, and the draft asks more of both sides before anything goes formal. If you are facing a disciplinary, or thinking about raising a grievance, this is what the draft says, what it would change for you, and why none of it touches your tribunal deadline.

What is the Acas Code, and why does it matter to you?

The Code of Practice on disciplinary and grievance procedures is a short statutory document issued by Acas under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992. It is not law in the way an Act is. Under section 207, breaking it does not by itself make anyone liable, but a tribunal must take any relevant provision into account.

The part that matters most for money is section 207A. In the claims listed in Schedule A2, a tribunal may increase an employee's award by up to 25 per cent if the employer unreasonably failed to follow the Code. It may also reduce the award by up to 25 per cent if the employee unreasonably failed to follow it. Either adjustment is only made where the tribunal thinks it just and equitable. The listed claims include unfair dismissal, discrimination under the Equality Act, unauthorised deductions from wages, detriment claims, redundancy pay, working time claims and breach of contract.

So the Code cuts both ways. An employer that skips it can pay more. An employee who ignores it, for example by never putting a grievance in writing, can receive less. Our guide to raising a workplace grievance explains how the current version works in practice.

The version in force today was published on 11 March 2015. The last full rewrite was in 2009; the 2015 changes were limited to the right to be accompanied. You can read the current Code on the Acas website.

What is happening, and when would it change?

Acas published the draft Code and a consultation document on 30 July 2026. The process from here is set out in the consultation itself.

• 11 March 2015: the current Code comes into effect. It still governs every disciplinary and grievance today.
• 30 July 2026: Acas publishes the draft Code for consultation.
• 11:59pm on 23 September 2026: the consultation closes.
• After that, no date set: Acas considers the responses and may change the draft. If it goes ahead, the Code goes to the Secretary of State. If approved, it is laid before Parliament and then brought into force by order.

The draft's own foreword leaves both the Parliament date and the start date blank. Until a new Code is actually in force, a tribunal will judge your employer, and you, against the 2015 version. Nothing on this page is a rule you or your employer must follow yet.

The big change: informal first, and on the record

The 2015 Code is about formal procedures. Its foreword mentions that a quiet word is often enough, but the foreword is not part of the Code. The draft moves informal resolution into the Code proper, in paragraphs 16 to 23 for concerns an employer has about you and paragraphs 53 to 61 for concerns you raise. Acas says plainly that this means tribunals would take the informal guidance into account, including when deciding whether to adjust an award.

For an employer's concern about your conduct or performance, the draft expects a conversation first: the manager explains the concern, listens, and discusses what would resolve it. The outcome could be a reminder of expected standards, training, a reasonable adjustment for a disability, an offer of mediation, or a decision that the matter needs a formal procedure, in which case the informal conversation should end there.

The most useful line for employees is in paragraph 21. An informal conversation should never by itself lead to a formal warning or other formal disciplinary action. If a manager writes up what was discussed, the draft says that note should not later be treated as a formal warning. Any formal action should follow a formal meeting at which you have the right to be accompanied.

Informal is not always the right route. The draft says concerns about gross misconduct, or anything else serious enough to end in dismissal, should go through the formal procedure.

What this means for you: if a manager asks for "a quick chat", it is fair to ask whether it is informal or the start of a formal process. If it is informal, nothing from it should appear later as a warning. If it is formal, you should get a written invitation and the right to bring a companion.

What the draft asks of you when you raise a grievance

This is where the draft adds most to the employee's side of the page. Under the 2015 Code, a written grievance should set out the nature of the grievance. Paragraph 63 of the draft says it should set out three things:

• the nature of your concern;
• if possible, how you would like it to be resolved;
• what steps have already been taken to resolve it informally, or the reason why none have been taken.

Paragraph 64 then helps you. It says a short, clear written explanation will often be enough at the start, and that the employer should take it seriously and give you a chance to add more later. Acas says it added this because both employer and worker representatives had raised a trend towards long, complex grievances that slow everything down.

The informal-steps line is the one to watch. If the draft is adopted as written, a grievance that says nothing about informal attempts could be argued to fall short of the Code, and an unreasonable failure by the employee is the trigger for a reduction of up to 25 per cent. The fix costs one sentence. Say what you tried, such as a conversation with your manager on a given date, or say why you did not try, such as the concern being about your manager, or you not feeling safe raising it face to face.

The draft recognises those reasons. Paragraph 54 says that if you cannot speak directly to the person, or are not comfortable doing so, you should go to your line manager or someone else who can help. Paragraph 61 says serious misconduct by a manager or another worker should usually go straight to a formal grievance. If your concern is harassment, the workplace harassment guide covers the separate legal duties your employer already has.

What changes if your employer starts a disciplinary

Most of the formal disciplinary steps carry over from 2015. The changes are in how the employer gets to a formal meeting and what it has to tell you when it does.

• Fact-finding. Paragraph 25 says it should be objective, reasonable and proportionate. Sometimes that is just reviewing documents. An investigatory meeting should not by itself result in disciplinary action.
• Different people. In misconduct cases, different people should carry out the fact-finding and any disciplinary meeting where possible. The 2015 wording is "where practicable".
• A real choice of next step. After the facts are established, paragraph 31 lists options including no further action, mediation, or a formal meeting.
• A fuller invitation. Paragraph 32 says the written invitation should give enough information about the concern and its possible consequences for you to prepare, say what informal steps were taken or why none were, give the time and place, and tell you about your right to be accompanied. Copies of written evidence, including witness statements, would normally come with it.

That fourth point mirrors what is asked of you in a grievance. If you receive an invitation that says nothing about informal steps, you do not need to argue about it in the meeting, but note it in an email afterwards. It is the kind of detail that matters later if the outcome is a dismissal. The disciplinary hearing guide covers what to ask for before you go in.

After the meeting, the structure stays familiar. A first written warning is usual for a first instance, with a final written warning next, or straight away if the first issue is serious enough. Warnings should say what needs to change, by when, how long the warning lasts and what could follow. A dismissal decision should be taken by someone with authority, who tells you the reasons, the end date, the notice and your right of appeal. Appeals should be impartial and heard, where possible, by a manager not previously involved. Our page on how to appeal a dismissal covers the letter.

Suspension: when the draft says it is justified

The 2015 Code says little about suspension: keep it brief, keep it under review, and make clear it is not disciplinary action. Acas says suspensions are sometimes used rigidly or by default, and the draft narrows them. Under paragraph 28, suspension during an investigation should only be considered where it is needed to comply with a legal requirement, or where the employer reasonably believes it would protect:

• the investigation, for example from damaged evidence or pressure on witnesses;
• the organisation, where there is a genuine risk to customers, clients, property or business interests;
• other staff;
• the person under investigation.

It should be as brief as possible and kept under review. As good practice, the employer should tell you privately, explain why, make clear it is not disciplinary action, and tell you the next steps, who to contact and what support is available.

The draft does not deal with pay. Whether you are paid during a suspension depends on your contract, and the 2015 Code refers to suspension with pay. If your pay is stopped when your contract does not allow it, that can be an unauthorised deduction from wages, which has its own tribunal deadline.

Your right to be accompanied, and where it stops

The statutory right itself comes from section 10 of the Employment Relations Act 1999, and the draft does not change it. At a formal disciplinary meeting, a formal grievance meeting or an appeal, you can bring a fellow worker, a trade union official, or a trade union representative your union has certified as competent. The request has to be reasonable, but it does not have to be in writing. Your companion can put and sum up your case, respond to views expressed and talk to you during the meeting. They cannot answer questions for you.

Two changes help employees:

• Postponing for your companion. If your chosen companion cannot make the time offered, the employer must move the meeting to a reasonable time you propose within five working days. Paragraph 86 adds that a longer delay may be reasonable, particularly where dismissal is possible, reflecting a 2018 case, Talon Engineering Ltd v Smith, which the 2015 Code mentions only in its foreword.
• Informal and investigatory meetings. There is still no statutory right to a companion at these. The draft says it is good practice for the employer to consider a request, and that allowing a companion, a support worker or an interpreter may be needed to avoid disability or other discrimination.

Acas also notes that the government is separately reviewing the statutory right to be accompanied, and says it will consider that review's recommendations before finalising the Code.

Mediation, adjustments and the other additions

Mediation and facilitated conversations appear in the Code for the first time (paragraphs 90 to 95). Either side can suggest them at any stage. They are voluntary and confidential, and you do not have to accept what comes out of them. If both sides agree to mediate during a formal procedure, that procedure should pause. The draft says mediation is not suitable where a factual decision about statutory rights is needed, where there is a power imbalance that cannot be managed safely, such as intimidation, coercion or abuse, or where someone cannot take part meaningfully even with support.

Equality Act duties get their own section (paragraphs 14 and 15). The examples include an accessible venue, documents in a format you can use, and a support worker or interpreter in addition to your statutory companion. The draft asks you to raise any adjustments you need as early as possible.

"Worker" instead of "employee". The draft uses "worker" throughout, which covers more people. But the 25 per cent adjustment in section 207A still applies only to claims by employees, a limit Acas flags itself. If you are not sure which you are, read worker or employee.

Artificial intelligence. The consultation asks whether AI in disciplinary and grievance processes needs covering. The draft Code itself says nothing on it yet.

What the draft does not change

Some things stay exactly where they are:

• The Code still does not apply to redundancy dismissals or to fixed-term contracts that simply expire.
• A criminal charge or conviction is still not normally, by itself, a reason for disciplinary action.
• Gross misconduct can still justify dismissal without notice, but only after a fair process.
• Nothing in the Code pauses a tribunal deadline.

That last point matters more than anything in the draft. For acts on or after 1 October 2026, the ordinary time limit for most claims becomes six months less one day. A grievance, an appeal, an informal conversation or a mediation does not stop that clock. Only Acas early conciliation does. The tribunal deadline calculator will give you a working date. Separately, the qualifying period for ordinary unfair dismissal falls from two years to six months for dismissals from 1 January 2027; the unfair dismissal time limit page has the detail.

How to respond before 23 September

Anyone can respond, including individual employees. Acas offers an online form on the consultation page, or two Word versions of the questions, one for individuals and one for organisations, which you can email to consultations@acas.org.uk. It suggests up to 500 words for each open question, in plain text. Responses may be published or disclosed under freedom of information law, and Acas says it may use AI tools to group and analyse them, with staff reviewing every response.

The questions most relevant to employees are these:

• Question 15: should employers state the informal steps taken when inviting you to a disciplinary meeting?
• Questions 16 to 18: should your grievance say how you want it resolved, state the informal steps taken, and be short at first?
• Questions 11 and 12: the new guidance on when suspension is appropriate and how it is communicated.
• Question 21: whether employers should consider companions at meetings where the statutory right does not apply.
• Question 24: AI in disciplinary and grievance processes.

Your own experience is what Acas cannot get elsewhere. Describe what happened in general terms and leave out colleagues' names.

What to do in the meantime

1. Work to the 2015 Code. It is the one a tribunal will apply to anything happening now.
2. Add one sentence to any grievance about what you tried informally, or why you did not. It is sensible now and may become expected.
3. Ask whether a meeting is formal. Get the answer in writing if you can.
4. Ask for your companion in writing for any formal meeting, and say if they need a different date.
5. Protect the deadline. If a claim is possible, contact Acas for early conciliation before the time limit, even while an internal process is still running.

This page will be updated when Acas publishes its response or a final Code is laid before Parliament. It is general information for England, Wales and Scotland, not legal advice. For your own situation, speak to Acas, a solicitor, or your union.