Don’t Wait for the New Acas Code: How Employers Can Start Building a More Positive Approach to Workplace Conflict Now

Workplace conflict is inevitable. The way an organisation responds to it is not.

Differences of opinion, misunderstandings, changes in responsibility, management decisions, communication problems and personality clashes are all normal features of working life. Most do not begin as formal grievances or disciplinary matters. They become formal when concerns are left unresolved, conversations become difficult or people no longer feel able to address the problem constructively.

That is one reason the new draft Acas Code of Practice on disciplinary and grievance procedures deserves the attention of employers and HR professionals.

Published in July 2026, the draft places much greater emphasis on early resolution, constructive conversations, mediation and facilitated discussions. Acas proposes an expectation that employers and workers should speak to one another with the aim of resolving concerns early and preventing unnecessary escalation. It also recommends training and supporting managers so they have the confidence and skills to resolve concerns effectively.

The revised Code is expected to come into effect in 2027 and remains subject to consultation and approval.

But employers do not need to wait until then.

The principles behind the proposals provide a useful framework for improving workplace culture now.

 

Conflict management is about more than having a grievance policy

Most organisations have grievance and disciplinary procedures. That is important.

However, having a good formal procedure does not necessarily mean an organisation manages conflict well.

A grievance procedure tells an employee what they can do once a problem has become sufficiently serious to require a formal response. Positive conflict management starts much earlier.

It asks:

Can we identify the problem? Can people talk about it safely? Can we understand the different perspectives involved? And is there something we can do before positions become entrenched?

Acas is placing considerably greater emphasis on this early stage. The draft Code says concerns about conduct or performance will usually be best dealt with informally and specifically identifies mediation or facilitated conversations as possible ways forward.

This does not mean avoiding formal procedures when they are necessary. Serious misconduct, harassment, discrimination and other significant allegations may require investigation and formal action.

The important change is recognising that formal process should not automatically be the first tool employers reach for.

 

Mediation principles can help long before mediation itself is needed

Employers do not need to arrange a formal mediation every time colleagues disagree.

Some of the greatest benefits come from embedding the principles that underpin mediation into everyday management.

Good mediation encourages people to listen before responding, separate positions from underlying concerns, recognise that different perceptions of the same event can coexist, focus on what needs to happen next and take some responsibility for finding workable solutions.

Managers can use exactly the same principles.

Imagine two colleagues whose working relationship is deteriorating. One feels excluded from decisions; the other believes they are being constantly challenged.

A procedural response might begin with determining who is right.

A conflict-management response begins differently:

What is happening between these colleagues, what is driving it, and what would need to change for them to work effectively together again?

That conversation may resolve the issue. If it cannot, mediation or another structured intervention may then be appropriate.

 

Five founding principles for positive conflict management to implement ahead of the New Acas Code

For organisations wanting to develop this approach, there are several useful principles on which to build.

Address problems early

Small disagreements are generally easier to resolve than established disputes.

Managers should feel able to raise concerns constructively when they first notice changes in communication, behaviour or working relationships.

That does not mean escalating every disagreement to HR. Quite the opposite. It means developing managers who can have sensible conversations before HR intervention becomes necessary.

Listen before deciding

People experiencing workplace conflict often want to feel heard before they are ready to discuss solutions.

A manager who immediately decides who is right, explains why someone has misunderstood the situation or jumps directly to policy may unintentionally deepen the disagreement.

Ask questions. Understand each perspective. Establish what people believe has happened and what effect it has had.

Listening is not the same as agreeing.

Focus on resolution, not simply fault

Sometimes accountability is essential.

But many workplace disputes are not straightforward questions of right and wrong.

Communication breakdowns, management tensions and colleague disputes often involve actions and reactions on both sides.

Moving the conversation from “Who caused this?” towards “What needs to happen for this to improve?” can create considerably more scope for resolution.

Match the intervention to the problem

Not every conflict needs the same response.

The appropriate intervention might be:

·      an informal management conversation;

·      clearer expectations or responsibilities;

·      additional support or training;

·      a facilitated conversation;

·      workplace mediation;

·      HR intervention;

·      a formal grievance or disciplinary process.

Good conflict management means recognising the difference.

Preserve working relationships wherever possible

The outcome of an internal process matters, but so does what happens afterwards.

Two colleagues may continue working together for years after a disagreement. A manager may still need to lead an employee who has raised a grievance. A team may need rebuilding after months of tension.

Any intervention should therefore consider not only how the immediate issue will be concluded, but how people will work together afterwards.

 

Start building the culture now

For HR teams, the draft Acas Code provides a useful opportunity to review how conflict is currently handled.

Look beyond the wording of your grievance policy.

Consider whether managers know how to recognise conflict early. Ask whether employees understand that raising a concern does not automatically mean launching a formal process. Review whether mediation and facilitated conversations are genuinely available options rather than something considered only after everything else has failed.

Training managers is particularly important. Acas itself highlights the value of providing training and support so managers and representatives can develop the skills and confidence required to resolve concerns early.

That might include training in active listening, difficult conversations, managing emotions, asking constructive questions, identifying underlying interests and knowing when to seek HR or external support.

 

A healthier approach to disagreement

Perhaps the most useful message within the proposed Acas changes is that disagreement itself does not represent organisational failure.

Conflict happens.

The objective should be to create an environment in which concerns can be raised, discussed and resolved without every disagreement becoming adversarial.

Acas estimates that formal disciplinary and grievance procedures currently cost UK employers around £2.36 billion annually, while the estimated cost associated with informal resolution is approximately ten times lower.

The business case for earlier intervention is therefore considerable. But the cultural case may be even stronger.

When employees believe difficult issues can be discussed fairly, managers feel equipped to handle concerns confidently and HR has a range of interventions available before formal proceedings become necessary, workplace conflict becomes something the organisation can manage rather than something it simply reacts to.

Employers do not need to wait for the revised Acas Code to make that change.

The principles are already clear: talk earlier, listen properly, intervene proportionately and focus on helping people find a workable way forward.

At K S Consultancy, we help organisations strengthen their people practices, manage difficult workplace situations and develop proportionate approaches to employee relations. If your organisation is reviewing its grievance processes or wants to become more confident at managing workplace conflict before issues escalate, now is a good time to start. Speak to us for confidential conversation about your options.