Acas is consulting on updates to the Code of Practice on Disciplinary and Grievance Procedures. Tribunals use this Code to judge fairness and can uplift awards by up to 25% for unreasonable non‑compliance. This article explains what may change, how that affects unfair dismissal and grievance risks, and the steps UK employers should take now. You’ll get a practical timeline, a compliance checklist, and links to trusted sources so you can prepare with confidence.
Are you ready for changes to how disciplinaries and grievances should run in the UK? In short, you should start preparing now. Acas is consulting on proposed updates to its Code of Practice on Disciplinary and Grievance Procedures, and tribunals use that Code to judge what is fair. The UK context matters because following the Code links directly to unfair dismissal and grievance outcomes.
You’ll find what the consultation covers, why it matters for ethical employers, and which steps to take now. We also highlight key legislation, including the Equality Act 2010 and the UK General Data Protection Regulation (UK GDPR), plus trusted resources to guide your updates.
What is Acas consulting on, and why does it matter to UK employers?
Acas is consulting on updates to the Code of Practice on Disciplinary and Grievance Procedures to reflect modern working and current case law. Employment tribunals consider the Code when deciding whether your process was reasonable and fair.
The existing Code is published by the Advisory, Conciliation and Arbitration Service (Acas) and remains the benchmark for fair process until any revision is adopted. You can read the current text on the Acas Code of Practice on disciplinary and grievance procedures. Where an employer or employee unreasonably fails to follow the Code, tribunals can adjust compensation by up to 25 percent under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
For ethical employers, the Code is more than compliance. It sets a transparent, humane way to handle conflict that supports trust and reduces risk.
How could the revised Code affect unfair dismissal and grievance outcomes?
Revisions will not change the law itself, but they will shape what a tribunal views as a fair and reasonable process. That goes directly to unfair dismissal and grievance compensation risk.
In practice, tribunal judges look at whether you gave notice of allegations, investigated thoroughly, allowed a companion, considered evidence fairly, and offered an appeal. If the revised Code strengthens expectations in areas like reasonable adjustments or remote meetings, employers who fall short may face higher risk. The statutory power to uplift or reduce awards by up to 25 percent for unreasonable non‑compliance remains set out in TULRCA 1992, section 207A. Aligning your process with Acas guidance is the simplest way to evidence fairness.
What changes are likely to be emphasised in the updated Code?
You can expect clearer guidance, rather than sweeping new duties. Based on existing Acas guidance and trends in UK workplaces, the revised Code is likely to emphasise:
- Early resolution and proportionality. Encouraging informal resolution where suitable, and right‑sizing the response to the issue.
- Investigation standards. Reinforcing the separation between investigation and decision, and the need for transparent evidence handling.
- Companions and accessibility. Clarifying the right to be accompanied and the need to make reasonable adjustments for disability, mental health, and neurodiversity under the Equality Act 2010.
- Remote and hybrid working. Setting expectations for remote interviews, recording meetings, and secure document sharing.
- Suspension: Employment law, disciplinary, dismissal and grievance . Stressing that suspension is not a sanction, and it should be a last resort with regular review.
- Social media and out‑of‑work conduct. Framing when behaviour outside work may justify action if it impacts the employment relationship.
- Data protection. Reinforcing UK GDPR and Data Protection Act 2018 principles on data minimisation, retention, and subject access during investigations.
- Timeliness and communication. Encouraging reasonable timeframes, clarity of letters, and support signposts for wellbeing.
If you align policies with these themes now, you’ll adapt faster when the final Code is published.
What should UK employers do now while the consultation is open?
You do not need to wait. A short, focused plan gets you ahead without over‑committing.
Next steps:
- Map your current process. Document who investigates, who decides, and how appeals work. Flag gaps.
- Update template letters. Check allegation letters, invite letters, outcome letters, and appeal templates for clarity and tone.
- Train managers. Provide practical training on investigations, note‑taking, and reasonable adjustments.
- Build a data plan. Define what you collect, where you store it, retention periods, and access controls.
- Stress‑test with a mock case. Run a tabletop exercise to spot delays, bias risks, and support needs.
If you’d like a pragmatic outside view, our advisers at specialisedhr.co.uk can run a policy and process audit and deliver targeted manager training.
How do you run a fair disciplinary or grievance under the current Code?
Follow a staged process, keep an open mind, and record your reasoning. That is what tribunals look for.
A simple step‑by‑step sequence:
1) Triage and plan
- Decide if informal action could resolve the matter without prejudicing fairness.
- Appoint an investigator who is not the decision‑maker.
2) Investigate reasonably
- Gather relevant evidence, interview witnesses, and keep notes. Do not over‑collect and avoid fishing expeditions.
- Consider reasonable adjustments and support for all parties.
3) Decide whether to proceed
- If there is a case to answer, send a clear invite letter with allegations, evidence, and the right to be accompanied.
- Share documents in good time.
4) Hold the hearing
- Allow the employee to state their case, ask questions, and present evidence.
- Consider mitigation and consistency with past cases.
5) Communicate the outcome
- Confirm the decision, reasons, and sanction if any. Explain the appeal right and timeframe.
6) Offer an appeal with fresh eyes
- Appoint a more senior or independent person where possible.
The current Acas Code remains your baseline reference until any revision takes effect. You can access it on the Acas disciplinary and grievance Code page.
Which documents and training should you update first?
Start with a short, actionable checklist. It avoids overwhelm and builds momentum.
Checklist:
- Disciplinary and grievance policy. Align language with Acas, add clear stages, and link to companion rights.
- Investigation procedure. Explain roles, evidence handling, and when to consider suspension with review points.
- Template letters. Refresh allegation, invite, outcome, and appeal letters with plain-English explanations.
- Privacy notice for employees. Clarify investigation data, lawful bases, retention, and subject access routes under UK GDPR and the Data Protection Act 2018.
- Manager training slides and handouts. Include reasonable adjustments, hybrid interviews, and note‑taking standards.
- Record‑keeping schedule. Set retention periods and secure disposal for investigation files.
If you need templates and manager workshops, get in touch via our contact page and we’ll tailor resources for your sector.
How do equality and data protection duties apply during cases?
You must apply Equality Act 2010 duties and protect personal data throughout the process. That means making reasonable adjustments and handling data lawfully and proportionately.
Under the Equality Act 2010, you should consider reasonable adjustments to meetings, timing, format, or communication style. The Equality and Human Rights Commission explains what counts as a reasonable adjustment. For data protection, the UK GDPR and Data Protection Act 2018 apply to investigation notes, emails, and recordings. The Information Commissioner’s Office provides guidance on data protection in employment. Keep data minimised, secure, and retained only as long as necessary. Be ready to handle subject access requests without exposing third‑party data unfairly.
What common mistakes should ethical employers avoid in investigations?
A few missteps cause many disputes. Avoid them and you reduce risk and improve trust.
- Pre‑judging the outcome. Keep an open mind until all evidence is tested and considered.
- Over‑suspending. Use suspension only when necessary, keep it under review, and communicate support.
- Weak documentation. Record the decision‑maker’s reasoning and how you weighed evidence and mitigation.
- Ignoring wellbeing. Signpost support. The Health and Safety Executive notes that 1.8 million workers experienced work‑related ill health in 2023/24, so consider stress impacts when scheduling and communicating.
- Forgetting companions and adjustments. Always confirm companion rights and consider reasonable adjustments for disability and neurodiversity.
- Drifting timelines. Set and keep reasonable timescales. Update parties if delays are unavoidable.
What does a values‑led approach look like in practice?
A values‑led approach pairs procedural rigour with empathy. One non‑profit we supported reviewed its grievance routes, refreshed templates in plain English, and trained line managers on fact‑finding and listening skills. It also added a wellbeing check‑in at each stage. The result was faster resolution, clearer decisions, and better staff confidence in the process. The legal framework did not change, but the culture around it did.
How should you prepare your organisation over the next 90 days?
You can spread the work into a clear timeline. This keeps progress visible and realistic.
0 to 30 days
- Run a gap analysis against the current Acas Code and your policies.
- Update template letters and investigation checklists.
- Agree a simple suspension review protocol.
31 to 60 days
- Deliver manager training on investigations, hearings, and appeals.
- Align your employee privacy notice with UK GDPR employment guidance.
- Pilot a remote interview process with secure document sharing.
61 to 90 days
- Test your process with a mock case and refine timescales.
- Brief senior leaders on tribunal uplift risks under TULRCA 1992, s.207A.
- Publish a short staff guide on how to raise concerns and what to expect.
Where can you get tailored help to prepare with confidence?
You do not need to do this alone. We can help you update policies, train managers, and support complex cases so you stay aligned with the Acas Code and UK law. For retained support and tailored advice, visit our homepage and tell us what you need.
FREQUENTLY ASKED QUESTIONS
What is the Acas consultation on the disciplinary and grievance Code?
It is Acas seeking views on proposed updates to its Code of Practice on Disciplinary and Grievance Procedures. The aim is to reflect modern working, case law, and good practice. The current Code still applies until any revision takes effect. You can read the existing text on the Acas website. If adopted, tribunals will use the revised Code to assess whether an employer’s process was fair, which matters for both unfair dismissal claims and grievance outcomes.
Why does the Acas Code of Practice matter for unfair dismissal?
The Code shapes what a tribunal considers a fair and reasonable process in dismissal cases. Judges often ask whether you investigated properly, notified the employee of allegations, allowed a companion, considered mitigation, and offered an appeal. Where an employer unreasonably fails to follow the Code, tribunals can uplift compensation by up to 25 percent under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
What does the Acas Code require employers to do in a disciplinary process?
It expects a reasonable investigation, clear allegations, a fair hearing, and a right of appeal.
In practice, you should:
- Separate the investigator and decision‑maker where possible.
- Share evidence in good time and allow a companion.
- Record reasons for the decision and offer an appeal to someone suitably senior.
What happens if we ignore the Acas Code in a grievance or dismissal?
You increase legal risk and may harm trust in your organisation’s fairness. In a tribunal, an unreasonable failure to follow the Code can lead to an adjustment of compensation by up to 25 percent under TULRCA 1992, section 207A. Beyond litigation, skipping steps can damage culture, retention, and reputation. Ethical employers balance risk management with respectful process to resolve issues early.
How do we prepare our policies while the consultation is open?
Focus on core improvements that will help regardless of the final wording. We suggest: – Refreshing disciplinary and grievance policies in plain English.
- Updating template letters and investigation checklists.
- Training managers on evidence, hearings, and appeals.
- Aligning privacy notices with UK GDPR and the Data Protection Act 2018.
How do we handle reasonable adjustments in hearings under the Equality Act 2010?
Start by asking the employee what would help, then tailor support to the role and case.
Practical examples include:
- Allowing a companion, extra breaks, or a different room layout.
- Providing questions in advance or using written submissions.
- Offering remote attendance or adjusted times if fatigue or anxiety is a factor.
How should we manage investigation data to comply with UK GDPR?
Keep it minimal, secure, and necessary for the purpose.
Good practice includes:
- Using a clear retention schedule and secure storage.
- Limiting access to those with a need to know.
- Preparing for subject access requests and redacting third‑party data.
What is the right approach to suspension during an investigation?
Treat suspension as a neutral, last‑resort measure that you review regularly. Consider alternatives first, such as changing shifts or duties. If you suspend, confirm it in writing, explain the reasons, keep it as short as reasonably possible, and provide a contact point for wellbeing. Overuse of suspension can damage trust and may be seen as pre‑judging the outcome.
How do we run fair hearings for remote or hybrid workers?
Plan for accessibility, confidentiality, and clear communication.
Practical steps include:
- Testing technology and providing secure document sharing.
- Confirming identity and privacy at each end of the call.
- Agreeing ground rules on recording and interruptions before you begin.
How do we balance a disciplinary with a whistleblowing concern or criminal allegation?
Separate the issues and follow the right policy for each, keeping your process fair. For whistleblowing, use your public interest disclosure policy. For criminal allegations, focus on the impact on the job rather than proving guilt, and consider pausing if police advice requires it. Document decisions and keep both policies aligned with the Acas Code and legal duties.
Related Resources
Get tailored guidance on disciplinary and grievance updates, policy reviews, and manager training aligned with the Acas Code.
Speak to an adviser about audits, templates, and on‑call case support to prepare for Code changes.
Read practical articles on ethical people practices, legal updates, and step‑by‑step HR guidance.
Further Reading
The current statutory Code that tribunals use to assess the reasonableness of processes in disciplinaries and grievances.
The legal basis for increasing or reducing tribunal awards by up to 25% for unreasonable failure to follow the Acas Code.
Clear guidance on the Equality Act 2010 duty to make reasonable adjustments in workplace procedures.
Practical UK GDPR and Data Protection Act 2018 guidance for handling employee data during HR processes.
Official UK statistics on work-related ill health and stress to inform your wellbeing support during cases.
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