Kathryn Rodgers of face2faceHR explores the proposed changes to the ACAS Code and why resolving workplace concerns informally could become more important than ever.
Formal disciplinary and grievance procedures can be costly, time-consuming and stressful for everyone involved. Now, ACAS is proposing changes designed to encourage employers and workers to resolve concerns sooner.
The draft ACAS Code of Practice places a much stronger emphasis on informal action. Before beginning a formal disciplinary process, employers would be expected to explain what steps have already been taken to resolve the issue informally, or why none were appropriate. Employees raising a formal grievance would face a similar expectation.
Mediation and facilitated conversations are also specifically included as possible ways to address workplace conflict before it escalates.
On the face of it, this makes sense. A timely conversation can often prevent misunderstandings from becoming entrenched, protecting working relationships while saving businesses considerable time and money.
However, documenting those early steps could become increasingly important. Employment tribunals may take the Code into account, and an unreasonable failure to follow it can affect compensation awards. Employers will therefore need to show that informal resolution was genuinely considered, while recognising that serious issues may still require immediate formal action.
Although the proposals are being presented as a way to reduce costs for businesses, they may also help relieve the significant pressure on ACAS and the Employment Tribunal system.
For now, this is only a draft. The consultation remains open until 11.59pm on 23 September 2026, and the final wording may change. Nevertheless, it is a useful prompt for employers to review how confidently their managers handle difficult conversations before concerns become formal disputes.
If you need support managing a disciplinary or grievance matter, or want to ensure your workplace procedures are up to date, get in touch with Kathryn and the face2faceHR team for practical, straightforward advice.
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