What Do the Proposed Acas Grievance and Disciplinary Changes Mean for Employees?

If you are dealing with a workplace grievance, disciplinary investigation, bullying complaint or another difficult issue at work, proposed changes to the Acas Code of Practice could eventually affect how these situations are handled.

The short answer is that many of the proposed changes are positive for employees.

There is greater emphasis on early resolution, proportionate investigations, reasonable adjustments, careful use of suspension and appropriate support during workplace procedures.

But there is also reason for caution.

In particular, a greater focus on resolving matters informally must not result in employees feeling pressured to have an informal conversation when the circumstances require something more formal.

And importantly, these are proposed changes rather than the new rules currently governing your workplace.

If you are already involved in a grievance or disciplinary process, what you do now can matter. This is not simply about knowing what the Acas Code says. It is about understanding how your employer is applying its own procedures, what evidence is being considered, what is being recorded and how the decisions being made now could affect what happens later.

That is where having experienced, independent support can make a real difference.

Why is Acas proposing changes?

The current Acas Code of Practice on disciplinary and grievance procedures provides the basic principles employers and employees are expected to follow when dealing with workplace disciplinary and grievance situations.

The existing Code has been in place in broadly its current form for many years.

Workplaces have changed considerably during that time.

Hybrid working, remote investigations, greater awareness of mental health and reasonable adjustments, changing expectations around employee wellbeing and the growing use of artificial intelligence all affect how workplace disputes are now managed.

Acas is therefore consulting on a revised Code.

The proposals do not mean that every grievance or disciplinary process suddenly changes. Nor do they automatically give employees a new legal claim.

However, the Code matters because it establishes important standards of fairness around workplace procedures.

What are the main changes being proposed?

There are several important themes.

Greater emphasis on resolving problems earlier

Acas wants employers and employees to consider whether workplace issues can be resolved informally before moving into formal procedures.

In many cases, that makes sense.

A misunderstanding between colleagues does not necessarily need to become a formal grievance lasting several months. A facilitated conversation or mediation might achieve a better result.

But context is everything.

An employee who believes they are experiencing discrimination, harassment, retaliation, bullying or another serious problem may feel extremely uncomfortable being encouraged to resolve it directly with the person concerned.

There may also be a significant power imbalance.

That is why deciding whether informal resolution is appropriate should not simply become a tick-box exercise.

More proportionate investigations

The proposals place greater emphasis on reasonable, objective and proportionate fact-finding.

That sounds obvious. In practice, it is extremely important.

When an employer receives a complaint or allegation, an investigation may involve emails, Teams or other messages, documents, policies, witness evidence, meeting records and other information.

The quality of that investigation can significantly affect what happens next.

Having spent more than 20 years working on the employer side of employee relations cases, we know that investigations are rarely just about one meeting.

Before an investigation meeting takes place, decisions may already have been made about the scope of the investigation, which witnesses will be interviewed, which documents will be reviewed and what questions will be asked.

Employees often do not see that machinery operating behind the scenes.

This is one reason preparation matters.

The question is not simply: “How do I explain what happened?”

It may also be: “What does my employer need to understand, and what evidence could materially affect its assessment of the situation?”

Those are not always the same thing.

Suspension should not be automatic

The proposed Code also gives greater attention to suspension.

Being suspended can be deeply unsettling. Even where an employer tells someone that suspension is a neutral act, employees frequently worry that colleagues will assume they have done something wrong or that dismissal has already been decided.

Suspension can sometimes be appropriate, depending on the circumstances.

But it should not simply be the default response to an allegation.

For an employee who has been suspended, the important issue is often understanding why the employer believes suspension is necessary and what is supposed to happen next.

That assessment will depend on the individual circumstances.

Greater focus on reasonable adjustments

Another welcome development is the proposed stronger recognition of Equality Act obligations and reasonable adjustments during disciplinary and grievance procedures.

This can be particularly important for employees with disabilities or health conditions.

An adjustment might concern how a meeting is conducted, its timing or format, breaks, communication methods or another aspect of the procedure. What is reasonable will always depend on the circumstances.

The important point is that workplace procedures do not sit outside an employer’s wider legal obligations.

An employee should not simply have to struggle through a process that creates avoidable disadvantage because “this is our normal procedure”.

More recognition of support and accompaniment

The proposals also give greater consideration to allowing employees to be accompanied in circumstances where the statutory right to accompaniment may not apply.

This could be significant.

The statutory right to be accompanied at qualifying disciplinary and grievance hearings currently applies to particular categories of companion. But the question of whether additional support should be permitted can be wider than the minimum statutory position.

From our experience, having someone supporting you can fundamentally change how prepared you feel.

It can help you understand the process, identify questions that need answering, review what has happened and ensure important points are not overlooked.

That does not mean someone else takes over your case.

It means you are not trying to navigate an unfamiliar process entirely alone.

What happens behind the scenes when an employee raises a concern?

This is something employees are rarely shown.

You may send an email raising concerns and then wait for a response.

Inside the organisation, however, several things may be happening.

HR may review your allegations. Senior management or legal teams may become involved. Relevant policies may be considered. An investigator may be appointed. Documents could be gathered. Witnesses may be identified. The organisation may assess legal, employee relations and reputational risk.

The wording of your complaint, the chronology and the evidence available can therefore become important very quickly.

This does not mean you should try to turn every grievance into a legal submission.

In fact, one of the proposed changes is greater emphasis on grievances being clear and focused.

But clear does not mean incomplete.

Knowing what to include, what evidence matters and which issues require particular attention can be difficult when you are personally involved in the situation.

That is one of the areas where TrustForce can help.

What about AI in grievance and disciplinary processes?

The increasing use of artificial intelligence is another issue being considered.

AI can help organisations with administrative work, summarising information and producing drafts.

But workplace investigations involve context, credibility, conflicting evidence, human behaviour and potentially serious consequences.

Employees should therefore be alert to how decisions affecting them are actually being reached.

A polished letter does not necessarily mean there has been a thorough investigation behind it.

The important questions remain whether the relevant evidence has been considered, whether the employee has had a fair opportunity to respond and whether the eventual decision is reasonable and properly supported.

What should I do if I am already facing a workplace problem?

Do not assume that the proposed changes automatically apply to your current case.

The starting point should be understanding the process you are actually in.

Keep relevant correspondence and documents. Make a note of important dates and events while they are still fresh. Obtain the relevant workplace policies where possible. And be cautious about firing off lengthy emails or formal complaints when you are upset without first considering what you need the communication to achieve.

Most importantly, get support early.

We frequently see employees seek help after a grievance has already been submitted, several investigation meetings have taken place or an outcome has been issued.

Support can still be valuable at that stage.

But earlier advice often gives you more opportunity to influence how your concerns are understood and presented.

There is no single template that produces the right result.

The appropriate approach depends on what happened, the evidence available, your employer’s procedures, your employment status and length of service, and whether issues such as discrimination, whistleblowing or contractual rights may be relevant.

Why TrustForce welcomes the proposals – with some caution

Overall, we support the direction of many of the proposed changes.

Fairer investigations, earlier intervention, greater consideration of reasonable adjustments and better support for employees are positive developments.

We are more cautious about an increased emphasis on informal resolution.

Resolving issues before relationships break down can be extremely valuable.

But informal resolution should be an option where appropriate, not something that leaves an employee feeling they have failed because they were unwilling or unable to confront the person they are complaining about.

Good employee relations requires judgement, not simply procedures.

That applies equally to employers.

For organisations, dealing with an issue properly at the beginning can prevent months of grievance hearings, appeals, absence, damaged working relationships and potentially litigation.

For employees, understanding what is happening before responding can help avoid decisions made under pressure that are difficult to undo later.

Frequently asked questions

Are the proposed Acas changes already law?

No. They are proposed revisions to the Acas Code and should not be treated as though the final revised Code is already in force. If you are currently involved in a workplace procedure, the existing legal framework and applicable workplace procedures remain important.

Can my employer insist that I resolve my grievance informally?

Whether informal resolution is appropriate depends on the circumstances. Some workplace disagreements are well suited to an informal approach; serious allegations may not be. You should consider your individual circumstances before agreeing to a particular route.

Can I take someone with me to a grievance or disciplinary meeting?

There is a statutory right to be accompanied at qualifying disciplinary and grievance hearings by certain permitted companions. Other situations can be more complicated, and employers may sometimes agree to additional forms of support. The precise position depends on the meeting and circumstances.

Does my employer have to follow the Acas Code?

The Code is not itself legislation and failure to follow it does not automatically create a legal claim. However, employment tribunals take the Code into account in relevant cases and compensation can, in certain circumstances, be adjusted where there has been an unreasonable failure to comply.

You do not have to navigate the process alone

If you are facing a grievance, disciplinary investigation, workplace complaint or another difficult employment situation, knowing the rules is only part of the picture.

Understanding how your employer is likely to approach the situation, what evidence matters and how to position your concerns effectively can be just as important.

TrustForce provides confidential, independent workplace support backed by more than 20 years of experience handling employee relations matters from the employer side.

We can review what has happened, help you understand the process you are facing and support you in deciding how best to move forward.

Every Voice. Every Role. Supported.

Visit www.trustforce.co.uk or contact support@trustforce.co.uk for confidential support.