Acas is consulting on a new disciplinary and grievance code of practice which will place more emphasis on resolving workplace concerns informally, with the consultation closing on 23 September 2026. 

Under the draft proposals, employers considering disciplinary or performance/capability action will be required to first consider discussing any concerns informally. Workers wishing to raise grievances would also need to consider informal resolution first. Where formal action is taken, the employer will have to explain informal steps already taken or why informal steps were inappropriate – this could be relevant for gross misconduct or where the nature of the complaint is serious enough to warrant formal action.

There are other changes in the code including when suspension may be appropriate. The government must approve the final code and lay it before Parliament before it takes effect.

Our thoughts

We often deal with cases where the employer has tried to manage conduct issues informally through a verbal discussion. To show compliance with the new code if/when it is adopted, it would be strongly advisable to make a written record of any informal discussions.

How we can help

Access our suite of templates to support you when managing a disciplinary or grievance procedure. We always recommend you speaking with one of our experienced and friendly Employment Advisers on the Helpline 0370 840 0234 at the earliest opportunity.

Not yet an NFU Employment Service member? Join today and take advantage of a host of guidance to support you navigating the complex world of employment law.

You'll also receive access to a wide range of member benefits – with discounts ranging from cars to health insurance.

For more information, call us on 0370 840 0234 or email us at [email protected]