Disciplinary and grievance processes are being updated – have your say
Back in February, when we summarised the upcoming changes under the Employment Rights Act 2025, we noted that planned extensions to tribunal time limits would come into effect no earlier than October 2026.
Whilst not a piece of legislation in itself, Employment Tribunals are bound by law to consider Acas’ Code of Practice on disciplinary and grievance procedures in relevant cases, such as unfair dismissal. The Code sets out the key principles of a fair disciplinary process that all employers are expected to follow, and non-compliance can increase a tribunal award by up to 25%.
On 30 July, Acas released a draft on their first full rewrite of the Code of Practice since 2009 and are seeking feedback on this via open consultation.
The consultation is open now and closes on the 23 September 2026. You can follow the link here if you’d like to have your say.
As part of the draft proposals, there will be a greater emphasis on employers dealing with misconduct informally, and employees seeking informal resolutions, before initiating formal disciplinary and grievance processes respectively. There’s also explicit reference to making reasonable adjustments to avoid discrimination and regular reference to mediation, as well as further guidance/tightening on the use of suspension and encouragement to expand the right to accompaniment beyond colleagues and union representatives.
Although not part of the draft itself, the consultation is also seeking views on whether Acas should address any issues arising from the use of AI in disciplinary and grievance processes.
If you’re an HR Support client, you can be sure we will continue to keep you informed on any new developments and to update your handbooks with changes to the procedures in time for their introduction.
Current open consultations
As part of its plan to "Make Work Pay", the Government has the following consultations open relating to the Employment Rights Act 2025.
Views are invited from employers, workers, trade unions and members of the public who may be affected by the new framework. If you would like to get involved in the topics below, you can follow the link and submit your views by the closing date shown:
- Employment rights for unpaid carers and parents of seriously ill children, closes: 1 September 2026. Link here.
- Time off for public duties, closes: 4 September 2026. Link here.
This consultation covers which public duties should qualify for time off, proposed additions and removals to the current list, and how the entitlement would work in practice. - Holiday pay compliance and enforcement, closes: 22 September 2026. Link here.
- Revised tipping code of practice, closes: 29 September 2026. Link here.
- Workplace monitoring technologies, closes: 30 September 2026. Link here.
- Equal pay and pay discrimination, closes: 27 October 2026. Link here.
This consultation looks at salary transparency, tribunal processes, enforcement powers, and protections for ethnic minority and disabled workers.
Employment Rights Act 2025 – August Trade Union Balloting changes in force
As of 25 August, if trade unions and employers agree, trade union members will be able to vote electronically or in-person in statutory ballots, such as for industrial action and union elections.
Similar measures for recognition and derecognition ballots are expected to take effect in 2027.
Employment Rights Act 2025 – Allocation of Tips – Reforms delayed for further consultation
Last month we reported that a draft Code of Practice had been published to strengthen tipping laws, with a view of coming into effect in October 2026. After trade union intervention, this has now been delayed so that there can be further consultation on the new draft before a final revised Code is produced.
The measures are now expected to come into force “by the end of 2026”.
Increased Right to Work Check Obligations – The Border Security, Asylum and Immigration Act 2025
Regulations introduced on the 24 June in relation to the Border Security, Asylum and Immigration Act 2025 bring parts of the Act into force from 1 October 2026, expanding right to work check obligations to more working arrangements.
New rules extend right to work checks beyond employees, to some individuals engaged on a self-employed basis and, where you subcontract work you have been contracted to deliver, to workers further down the chain. Penalties for failing to comply can be up to £45,000 per worker, rising to £60,000 per worker for repeated breaches.
Two immediate actions:
- if you use a digital ID provider for checks, confirm it is registered with OfDIA and authorised for right to work checks;
- if you engage anyone on a self-employed basis, or subcontract work you have been contracted to deliver, contact us before October to review your arrangements.
