When most people hear Acas Code of Practice on disciplinary and grievance procedures, they think of employment law, HR policies and employment tribunals. Yet the latest draft Code is about much more than compliance.
If adopted, the revised Code would place greater emphasis on how leaders create environments where concerns are addressed early, conversations happen constructively and formal disciplinary processes become the exception rather than the norm.
For organisations, the implications extend beyond HR. They touch on leadership capability, organisational culture, line manager confidence and employee trust. That is why this consultation deserves the attention of leaders at every level.
A shift from process to leadership
One of the most significant features of the draft Code is its emphasis on preventing problems rather than simply managing them.
From the outset, it sets out principles that encourage employers and workers to resolve concerns early, avoid unnecessary escalation, deal with issues promptly, establish the facts before reaching conclusions, make reasonable decisions and ensure there is an opportunity to appeal.
These may sound like common sense, but together they represent an important shift. Rather than viewing disciplinary and grievance procedures as isolated HR events, the draft presents them as part of everyday leadership practice.
For many organisations, success will depend less on having the right policy and more on whether managers have the confidence and capability to hold effective conversations before issues escalate.
Informal resolution becomes the default
Perhaps the most notable cultural change is the strong encouragement to resolve concerns informally wherever possible.
The draft repeatedly states that issues relating to conduct, performance and workplace concerns are usually best addressed through everyday management conversations before they become formal disciplinary or grievance matters.
Importantly, it also makes clear that informal conversations should never become "disciplinary action by stealth". Managers should not use informal meetings to issue unofficial warnings or create informal sanctions that later become part of a formal disciplinary record.
This distinction reinforces the importance of fairness while giving managers greater confidence to have honest conversations without feeling they are automatically beginning a disciplinary process.
For leaders, it raises an important question: do our managers have the skills and confidence to have difficult conversations before problems become formal HR cases?
Better leadership, not simply better procedures
The draft Code also places greater emphasis on training than its predecessor. It recommends that employers provide managers, workers and representatives with the skills and confidence needed to resolve concerns early and effectively.
That is a significant development.
Many organisations invest heavily in policies and procedures but comparatively little in developing the leadership capability needed to apply them well.
The consultation recognises that even the best procedures depend on leaders who can listen effectively, investigate objectively, communicate clearly, exercise sound judgement, build trust and manage conflict constructively.
In other words, organisational outcomes increasingly depend on leadership capability rather than documentation alone.
A stronger emphasis on fairness
Fairness has always underpinned employment practice, but the draft Code provides more practical guidance on what fair processes should look like.
Among the proposals are stronger expectations around:
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Objective and proportionate fact-finding
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Separating investigators and decision-makers where possible
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Communicating clearly throughout the process
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Explaining decisions transparently
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Ensuring workers have sufficient information to respond properly
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Making appropriate reasonable adjustments under the Equality Act 2010
These are not simply legal safeguards. They are leadership behaviours that shape how employees experience an organisation and influence whether people perceive decisions as legitimate, even when the outcome is difficult.
Rethinking suspension
The draft also adopts a more considered approach to suspension.
Rather than treating suspension as a routine first step during investigations, it makes clear that it should only be used where genuinely necessary, should remain under regular review and should be as brief as possible.
It also encourages employers to explain clearly that suspension is not disciplinary action and to communicate sensitively throughout the process.
This reflects a growing recognition that the way investigations are handled can have lasting effects on trust, wellbeing and organisational culture.
Mediation moves closer to the mainstream
One of the most interesting developments is the prominence given to mediation and facilitated conversations.
Rather than being presented as specialist interventions, they are positioned as legitimate approaches that can be considered at multiple stages of both disciplinary and grievance procedures.
The draft recognises that many workplace issues stem from damaged relationships rather than misconduct alone. Where appropriate, organisations are encouraged to pause formal procedures while mediation takes place.
For leaders, this represents an opportunity to resolve conflict in ways that preserve relationships, rebuild trust and reduce the need for adversarial processes.
Leadership capability becomes a strategic issue
Although the consultation focuses on disciplinary and grievance procedures, its wider message is about leadership.
Policies do not resolve workplace concerns - leaders do.
As organisations become flatter, hybrid working becomes more common and expectations around wellbeing, inclusion and fairness continue to evolve, leaders increasingly need capabilities that extend beyond technical management.
They need to know how to navigate conflict, build psychological safety, make balanced decisions and maintain trust when difficult issues arise.
The proposed Code reflects that reality.
Building the leadership capability behind good employment practice
One of the clearest messages in the draft Code is that good workplace processes rely on good leadership. Policies provide the framework, but it is leaders and managers who create the conditions for concerns to be raised early, conversations to be handled well and decisions to be perceived as fair.
That places a growing premium on leadership skills that are often overlooked in traditional management development. Active listening, difficult conversations, conflict resolution, decision-making, emotional intelligence and coaching are no longer simply desirable attributes - they are becoming essential capabilities for anyone leading people.
Developing those capabilities is not only about reducing organisational risk. It helps create workplaces where trust is stronger, engagement is higher and issues are resolved before they become formal disputes.
The Institute of Leadership supports leaders at every stage of their career through evidence-based learning, practical development resources and professional recognition. Whether you are building confidence as a first-line manager or strengthening strategic leadership capability, investing in these skills equips leaders to navigate increasingly complex workplace challenges with fairness, confidence and integrity.
Members can explore a wide range of development opportunities through MyLeadership+, including learning on difficult conversations, giving and receiving feedback, emotional intelligence, coaching, managing performance and creating high-performing teams which are all capabilities that closely align with the direction of travel set out in the proposed Acas Code.
Why leaders should engage with the consultation
The consultation offers organisations an opportunity not only to comment on the draft Code but also to reflect on their own leadership capability.
Leaders might ask themselves:
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Are our managers equipped to resolve concerns early?
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Do our policies encourage learning and resolution rather than escalation?
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How confident are managers in conducting investigations fairly?
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Could greater use of mediation improve workplace relationships?
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Do our leadership development programmes build the skills this Code increasingly expects?
Whatever form the final Code takes, its direction of travel is clear. Success will depend less on procedural compliance and more on leaders who have the confidence, judgement and capability to resolve issues fairly, communicate openly and build cultures of trust.
For organisations committed to developing great leadership, this consultation is more than an update to employment practice. It is a reminder that investing in leadership capability is one of the most effective ways to prevent workplace conflict before formal procedures are ever needed.
At a glance: What's changing in the proposed Acas Code?
A stronger focus on early resolution
The draft Code encourages concerns to be addressed through timely, constructive conversations before they escalate into formal disciplinary or grievance procedures.
Leadership behaviours take centre stage
The emphasis shifts from simply following processes to demonstrating good judgement, fairness, communication and effective people management throughout.
Training is given greater prominence
Employers are encouraged to provide managers, workers and representatives with the skills and confidence needed to resolve workplace concerns effectively and fairly.
Informal conversations are reinforced but with safeguards
Managers are encouraged to tackle issues early, while making clear that informal discussions must never become unofficial disciplinary action or lead to "warnings by stealth".
Fairness is more clearly defined
The draft places greater emphasis on objective fact-finding, transparency, proportionality, clear communication and ensuring workers have sufficient opportunity to respond before decisions are made.
Suspension should be a last resort
Rather than a default response, suspension should only be used where genuinely necessary, kept under review, communicated sensitively and recognised as a neutral measure, not disciplinary action.
Mediation is brought into the mainstream
Mediation and facilitated conversations are presented as valuable options throughout disciplinary and grievance processes, recognising that many workplace issues stem from damaged relationships rather than misconduct alone.
Accessibility and inclusion are strengthened
The draft reinforces employers' responsibilities to make reasonable adjustments and adapt processes where needed to ensure everyone can participate fairly.
The right to be accompanied is clarified
While the statutory right remains unchanged for formal meetings, the Code encourages employers to consider requests for accompaniment during informal discussions where it may help resolve concerns or support inclusion.
A greater emphasis on organisational culture
Taken together, the proposals signal a move away from seeing disciplinary and grievance procedures as isolated HR processes and towards embedding fairness, trust and constructive dialogue into everyday leadership practice.
The consultation provides leaders, employers and HR professionals with an opportunity to help shape the future of workplace practice. We encourage leaders to engage with the proposals, consider what they mean for their own organisations and reflect on how leadership development can help turn the principles of the Code into everyday practice.
You can read more about the consultation and respond here. The deadline for responses is 23rd September 2026.
