Response to Acas consultation on disciplinary and grievance procedures

The consultation posed questions on various issues, including:

• informal resolution
• avoiding unlawful discrimination
• formal disciplinary and grievance procedures
• mediation and facilitated conversations.

To help inform our response, we engaged with senior leaders from NHS HR, people, and employment relations teams to gather insights from an operational perspective. 

We also held a discussion with the Department for Business, Innovation, Science and Trade (DBIST) on dispute resolution policy. This focused on barriers to effective dispute resolution in the public sector, including how those barriers are experienced in the NHS. 

In our submission, we said that would welcome an approach which:

• recognises NHS operational pressures, manager capacity and the need for accessible HR and employment relations support
• encourages early informal resolution, supported by confident line managers, clear expectations and access to mediation where appropriate
• supports further discussion on how early conciliation, settlement arrangements and tribunal processes can work effectively for public sector employers and employees.

We also raised concerns around financial constraints and AI-related risks (such as AI generated grievance letters, which can be lengthy and complex).

The consultation is now closed and we will provide further information when Acas publishes details of any outcomes.