What’s that you say? More changes in the world of HR… and this time we’re not talking about the Employment Rights Act 2025.
We’re talking about a review of ACAS Disciplinary and Grievance Code of Practice for the first time since 2015.
2015 the year of Uptown Funk by Bruno Mars, Snapchat introduced the facial filters (remember the puppy ears and tongue one), water was found on Mars, and the national minimum wage for adults was just £6.50.
Fast forward 11 years, lots has changed since 2015, but not ACAS Code of Practice… until now.
Whilst there have not been any changes as of yet, the review has taken place and the consultation is open.
The biggies up for discussion are:-
- Adding informal resolution within the statutory framework for disciplinary and grievance processes; this means it’s something you have to do. Failure to do so could leave you open to claims of unreasonably failing to follow the Code; more about this further down.
- Mediation and facilitated conversations are being recommended as a potential first step in formal processes, with agreement from both parties.
- As a continuation of the above, disciplinary and grievance outcome letters must describe the informal steps that were taken. If informal steps were not taken, the letter should explain why not.
- Introduction of a necessity test for suspension. Suspending someone should always be treated within the context of “is this really necessary” and this guidance should help further.
These changes revolve around open communication and treating others with care and compassion; values which Thread HR channel passionately through our work already.
Kindness is clarity (as Brené Brown says!), and having these changes written within the Code of Practice gives just that and should make it easier for employers. Failure to do so could lead to a compensation claim being increased by 25% at an Employment Tribunal, so it’s also really important to follow it! Thread HR have always worked in a way that pragmatically assesses risks, and we haven’t been to an ET to date.
If these changes come into practice, this will mean: –
- Policy and procedure reviews will need to take place, with updates most certainly required
- Line Management training to ensure managers have the skills and confidence to resolve informal issues successfully
- Communication to your employees on the policy and procedure updates to keep everyone in the loop
It’s been a busy couple of years keeping up with the ERA changes, which are not over yet, and now this, but there’s a light at the end of the tunnel, and it’s a bright one!
As a business, we are really liking the sound of these revisions, although they are not necessarily new ways of working to the Thread HR team. We have always strived to work issues out in the best way possible for ALL.
We always encourage, where appropriate, that matters are attempted to be resolved informally in the first place. Communication is one of our values, and we believe that, with the right communication, at the right time, many situations can be proactively and positively resolved.
We really understand that, to you as a founder or a business leader, the thought of more changes may feel a little daunting. So, whilst we support these potential changes, we can level with you too and appreciate that you may be thinking, “please, no more”.
That’s why we don’t just bombard you with a list of the changes and think job done. We work with you to understand how to seamlessly transition these changes into your business, on a who needs to know what, and when basis.
And, if you need to just blow off some steam and have a good old rant about this, or anything else, we’re all ears!