Acas has published a draft of a new Code of Practice on disciplinary and grievance procedures and opened it for public consultation. It is the first full rewrite of the Code since 2009, and it shifts the emphasis considerably. Cultural organisations, which typically draw on a mixed workforce of employees, workers and freelancers, have particular reason to take note, because the draft deliberately widens its reach beyond employees alone.

The draft was published on 30 July 2026. Acas is inviting views until 11.59pm on 23 September 2026, after which it will consider the responses and may revise the text further. Only then does it go to the Secretary of State for approval before being laid before Parliament. On a realistic timetable the earliest the updated Code could come into force is late 2026, with a move into 2027 just as likely. Until then, the current Code (lightly amended since 2009) remains the one tribunals apply.

The Code carries real weight. A failure to follow it does not automatically make an employer liable, but employment tribunals take it into account and can adjust any award by up to 25% either way for an unreasonable failure to follow it. That adjustment, under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, applies to employees. The draft Code, by contrast, moves from "employee" to "worker" throughout except where the specific legal status of employee is intended. For a cultural organisation with a high proportion of workers and freelancers alongside its employees, that wider language needs care: the practical protection each individual has, and the exposure the organisation carries, will not be uniform across the workforce.

Several changes stand out. Informal resolution gains its own statutory footing: the current Code touches on it only in its non-statutory foreword, whereas the draft brings it into the statutory text itself, meaning tribunals will take it into account directly. The language is less adversarial throughout, with terms such as "allegations", "case to answer" and "first offence" replaced by plainer wording, and disciplinary and grievance issues becoming "concerns" outside formal procedures. There is new guidance on equality and reasonable adjustments, signposting the Equality Act 2010 explicitly for the first time, with examples such as accessible venues and documents and allowing a support worker or interpreter. Suspension is more tightly limited: it should happen only where necessary to protect the investigation, the organisation, other staff or the person under investigation, and should be brief and kept under review.

The draft also adds a section on mediation and facilitated conversations, which does not appear in the current Code at all, encouraging mediation to be considered at several points in a process. Both sides are expected to keep grievances shorter and clearer, with workers setting out what they would like to happen and what informal steps they have already tried. Guidance on the right to be accompanied is consolidated and updated to reflect a 2018 tribunal case on postponing a meeting for more than five working days when a companion is unavailable. The use of AI in disciplinary and grievance processes is flagged as an open question, with no proposed guidance yet, and is worth responding on if you have a view.

Nothing here is confirmed and nothing needs to change in your policies today, but there are good reasons to get ahead of it. Most of what is proposed reflects good practice Acas already recommends, so encouraging early informal conversations, using plain language and thinking about reasonable adjustments are all worth doing now. Building those habits before the Code comes into force is the lower-risk path, particularly where disciplinary and grievance matters are handled by managers without dedicated HR support. And once the Code is in force, tribunals will judge how a matter was actually handled, not when a written policy was last updated, so aligning your practice, and not just your paperwork, reduces exposure either way.

Acas wants to hear from employers, workers and representative bodies across all sectors, including organisations without ready access to legal advice. If any of the above raises something Acas should hear about, you can read the full draft Code and respond before 11.59pm on 23 September 2026. We will update this note once the Code's final form is confirmed.

Consultation overview and how to respond: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-disciplinary-grievance-2026
Draft Code: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-disciplinary-grievance-2026/draft-code