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What is the Acas Code?
The Acas Code sets out basic principles for handling disciplinary and grievance issues fairly.
A disciplinary procedure is usually used where an employer has concerns about an employee’s conduct or performance, whereas a grievance procedure is usually used where an employee raises a concern, problem or complaint at work.
The draft Code covers issues such as:
- investigating concerns properly
- explaining allegations clearly
- giving workers a chance to respond
- holding meetings fairly
- allowing the right to be accompanied
- providing written decisions
- offering appeals
It also gives guidance on informal resolution, reasonable adjustments, avoiding discrimination, suspension and what may happen if a grievance is raised during a disciplinary process.
Acas, the UK’s independent public body for workplace advice, dispute resolution and employment rights guidance, has opened a consultation on proposed updates to its Code of Practice on disciplinary and grievance procedures.
The consultation opened on 30 July 2026 and is due to close on 23 September 2026. The proposed changes are not yet in force, so the existing Acas Code of Practice on disciplinary and grievance procedures (published in 2015) continues to apply unless and until an updated version is introduced.
For employees, the Code is important because Employment Tribunals must take it into account in relevant cases. In some claims, compensation can be increased or reduced by up to 25% where an employer or employee unreasonably fails to follow it.
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Why does the Code matter if you are disciplined?
If an employee is invited to a disciplinary meeting, suspended, warned or dismissed, the process followed by the employer may be important.
An employer should usually explain the allegations, carry out a reasonable investigation, give the employee a fair chance to respond and avoid making a decision before hearing their side of the story.
A disciplinary process may be unfair if the employee is not told clearly what they are accused of, important evidence is ignored, the outcome appears to have been decided in advance, or the employee is denied a reasonable right of appeal.
Not every procedural mistake will lead to a successful claim, but a poor process can be relevant in claims such as unfair dismissal, discrimination, whistleblowing detriment or breach of contract.
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Why does the Code matter if you raise a grievance?
Employees may raise a grievance about issues such as bullying, discrimination, harassment, pay problems, workload concerns, changes to duties, exclusion from opportunities or unfair treatment by managers.
The draft Code encourages workers raising a formal grievance to set out the nature of their concern in writing, explain how they would like it resolved where possible, and say what informal steps have already been taken, or why none have been taken.
Clearer records of what was raised and what outcome the employee was seeking may also help show that the employer was given an opportunity to address the problem.
It is important to note that raising a grievance does not usually pause Employment Tribunal time limits, so if the issue involves discrimination, dismissal, whistleblowing or another potential legal claim, getting early legal advice is always important.
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Suspension, adjustments and overlapping procedures
The draft Code includes some practical points that often arise in workplace disputes.
It says suspension during a disciplinary investigation should only be considered where necessary, should be as brief as possible and should be kept under review. It also reminds employers of their duties under the Equality Act 2010, including making reasonable adjustments for disabled workers.
The draft Code also recognises that grievances and disciplinary processes can often overlap: where an employee raises a grievance during a disciplinary process, the disciplinary may be paused, or both issues may be dealt with together if they are related.
These points can be important when an employee feels they have been suspended unnecessarily, cannot properly take part in a process without adjustments, or believes a disciplinary process is linked to a grievance, discrimination complaint or whistleblowing concerns.
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What should employees do?
While the Code of Practice is under consultation, employees facing a disciplinary process or considering a grievance should continue to keep clear records and seek advice promptly if the issue is serious.
Useful evidence may include:
- disciplinary or grievance letters
- emails, messages and meeting notes
- workplace policies or handbooks
- evidence provided by the employer
- payslips, rotas or performance records
- appeal letters or outcome letters
- records of requests for reasonable adjustments
Employees should also be careful not to wait too long; in many Employment Tribunal claims, the usual time limit is three months less one day from the act complained of, and Acas Early Conciliation is usually required before a claim can be brought.
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TLW Solicitors’ comment
“The draft Code is useful because it highlights issues that often make a real difference in workplace disputes, including how concerns are investigated, how suspensions are handled, whether reasonable adjustments are made and what happens when a grievance overlaps with a disciplinary process.
For employees, the key point is to keep clear records and take the process seriously. If you are invited to a disciplinary meeting, suspended, raising a grievance, appealing a decision or thinking about resigning because of the way you have been treated, the steps you take at that stage may affect your position later.
The draft Code is not yet in force, but it is a helpful indication of the standards expected in fair workplace procedures. It is not a substitute for legal advice, particularly where dismissal, discrimination, whistleblowing or strict Tribunal time limits are involved.”
How TLW Solicitors can help
TLW Solicitors advises employees and workers on a wide range of workplace disputes, disciplinary procedures, grievances, discrimination, unfair dismissal, redundancy and Employment Tribunal claims.
If you are facing a disciplinary process, considering a grievance, appealing a workplace decision or worried that your employer has not followed a fair process, we can help you understand your position, explore your options and possible next steps.
