ACAS published an updated edition of its Code of Practice on Disciplinary and Grievance Procedures in October 2026. The Code, originally issued under the Employment Act 2002 and regularly updated, sets the minimum standards that Employment Tribunals expect employers and employees to follow. Failure to follow the Code by either party allows a Tribunal to adjust any compensation award by up to 25%.
Key additions in the 2026 edition. The revised Code introduces guidance on: (1) holding disciplinary and grievance hearings by video call — permitted where both parties agree and the employee can see documents in real time; (2) supporting remote or hybrid employees through performance improvement plans — managers must document support and monitoring steps carefully for remote workers to avoid claims of constructive dismissal; (3) mental health considerations — where an employee raises a health issue during a disciplinary process, the employer must consider whether to pause the process and obtain occupational health advice; and (4) AI-assisted monitoring — employers who use AI tools to monitor productivity or attendance must disclose this in their disciplinary procedures and cannot rely on AI outputs as the sole basis for a disciplinary decision without human review.
What this means for employees. If your employer starts a disciplinary or grievance process, check whether they are following the updated ACAS Code. If they are not — for example, refusing a video hearing without justification, or not disclosing the basis for a performance warning — this can increase any compensation you receive at Tribunal. The unfair dismissal claim guide explains how the Code applies to your case, and the constructive dismissal guide covers the overlap with monitoring and performance management.