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The Advisory, Conciliation and Arbitration Service (“ACAS”) has recently commenced consultation on an updated draft Code of Practice on disciplinary and grievance procedures (“Code”). This is the first substantive overhaul of the Code for more than a decade, drawing much attention from employers, workers and their representatives. It is understandable that the commentaries to date have focussed on challenges that the changes may bring for employers, particularly as they ready themselves for the seismic changes to unfair dismissal law coming their way on 1 January 2027 (as explored in our previous update). But the Code can also work in an employer’s favour when defending unfair dismissal claims. We believe that ACAS’ proposed changes could generate some new opportunities here, including on the vexed issue of AI-assisted grievances.

The judgment in Deerns UK Limited v VDC LHR11 Limited [2026] EWHC 1509 (TCC) is a useful reminder that if payment provisions in construction contracts do not comply with the requirements of the Construction Act they risk being superseded by the Scheme for Construction Contracts. This can lead to unexpected consequences: in this case, a payer being liable to pay a notified sum in full after the pay less notices it served were deemed to be out of time.

This article considers data centre development projects in England and focuses on the treatment of these milestones in land, development, funding and occupational documents.