From time to time, all HR professionals and managers will encounter a grievance that comes across as tactical, exaggerated or even completely made up.
These situations are tricky: if you get it wrong and treat it dismissively, there could be serious repercussions. On the other hand if you overreact, you might unfairly penalise an employee raising genuine concerns.
6 practical tips
- Stay objective
Certain scenarios could appear a little suspicious – eg complaints/grievances made immediately after disciplinary action, during redundancy processes, or in the context of ongoing performance management. Other indicators of a suspect complaint might include inconsistent accounts of events, changing allegations or a pattern of repeated grievances. Remember that these are only warning signs, not proof of bad faith.
- Always treat it seriously
A complaint must always be taken seriously. Just because an allegation is untrue, doesn’t mean it’s been dishonestly raised. The correct approach is to follow your normal grievance or whistleblowing procedure, appoint an impartial investigator, and keep an open mind throughout.
- Investigate thoroughly
Evidence is key. The credibility of the complaint will be tested if you carry out a thorough investigation. Examine documentation, consider witness evidence carefully and observe the consistency of different accounts of events. If there is no clear evidence of dishonesty and you don’t uphold the complaint, it is usually safest to leave matters there.
- Take disciplinary action if appropriate
Where there is strong evidence that the allegation was deliberately fabricated, then you can consider whether disciplinary action is appropriate. Before proceeding, make sure:
- You have clear evidence of dishonesty (not just a weak case)
- You follow a full and fair disciplinary process
- The employee has an opportunity to explain their actions
In a more serious scenario, if an employee has knowingly made false complaints, this may amount to gross misconduct and allow dismissal. Never make the decision to dismiss on a “knee-jerk” basis.
- Mitigation
You should also explore potential mitigation. Stress, workplace conflict, or underlying grievances may explain an employee’s behaviour. Always take this into account when deciding on any disciplinary sanction.
- Stay balanced
The key takeaway is balance. Treat all complaints seriously, investigate thoroughly and only move to disciplinary action where there is clear evidence of bad faith. If your approach is measured and evidence-led, this will lessen legal risk and employee relations fallout.
Further reading:
Disciplinary Procedure – ACAS
