On 30 July 2026 Acas published a fully revised draft Code of Practice together with a consultation. The last time the Code had an update was 2015 so some might say it’s overdue. The consultation closed on 23 September 2026. You can read the foreword to the consultation by Baroness Jones of Whitchurch which explains why it was undertaken here.
The Code sets out the steps and best practices the parties to a dispute are expected to follow. Adverse inferences can be drawn against parties who fail to follow the Code if the matter proceeds to tribunal.
Substantial changes are proposed.
- There is a focus on early and informal resolution, something which at didlaw we aim to achieve across all our cases. This moves inside the Code. In the 2015 version it is included only in the foreword. Failure to attempt informal resolution could for the first time factor into the 25% uplift in compensation.
- A new necessity test for suspension. Suspension should only be used in limited circumstances. A list is provided of limited circumstances. This codifies the existing case law which states that suspension is not a neutral act and must be used sparingly. Employers will have to think about whether suspension is really necessary or whether other measures which stop short can be put in place.
- The new Code is heavy on the obligation to make reasonable adjustments to procedures. Employers are reminded of the need to consider adjustments throughout the grievance and disciplinary lifecycles but especially in relation to allowing workers to be accompanied to formal and informal meetings.
- A new requirement for letters to state what informal steps have been taken to resolve matters. Letters inviting employees to disciplinaries must set out what steps have been taken and if none were taken explain why. Grievance letters must do the same.
- The word ‘worker’ replaces ‘employee’ in the new Code, widening the scope although the 25% uplift power pursuant to TULR(C)A 1992 section 207A applies only to employees. The rationale for the wider wording demonstrates Acas’s view that best practice applies to both employees and workers.
- Other new sections include materials around manager training and facilitated conversations (mediation), with formal processes paused during mediation.
The draft will be presented to Government and if approved laid before Parliament. There is currently no indication as to when it is expected to come into effect. The non-statutory guidance which accompanies the Code will also be updated to reflect the changes in the new Code. We will update you further when the new Code is coming into force.
