4

Grievance

I have been working on a numbers of grievances raised by the same person. I now believe I have evidence that the grievances raised are false accuations. How would you manange this? Do you have a clause in your grievance procedure that states disciplinary action may be taken where false accusations are made? Do you have a clause that states repeat grievances may be dismissed?

Thanks

466 views
  • Hi Clare, I think whether you have a clause or not, raising vexatious claims is, if proven, likely to be a conduct issue - certainly if they are continually raised against the same person then it could be construed as either bullying or harassment. Additionally if a grievance has been heard, resolved and appealed, then I generally wouldn't reconsider it without a material change in circumstance. It would be helpful to have such a clause to point to as a clear indication that you will consider vexatious claims as a disciplinary issue, but there is a balance between someone wrongly feeling that they have been treated poorly - or that there is no evidence to support it - or someone who is raising them to be disruptive, and that's pretty much a judgement call. Grievances are the most unsatisfactory bit of HR work - people are rarely happier at the end of the process, and it can make tricky relationships terminal, but that's by the by. I might suggest that there is perhaps a deeper issue which is not being resolved and maybe its worth spending sometime trying to winkle that out of the claimant.

  • Much the same as Dermot. Once I found out they were all false and I believed they were vexatious then I'd be telling them that their timewasting behaviour is not what I'd expect from them and won't tolerate the same behaviour again. Or else......!
  • Hi Clare

    There is unfortunately no limit on the right to raise a grievance. Someone could do this 5 times a day every day, and you'd still have to deal with it in a way that respects their rights.

    When you say the accusations are false, do you mean that after investigation they have been deemed to be unfounded, or that the person is making them up?

    If the person is misusing the grievance system by maliciously inventing grievances, e.g. to get someone else into trouble, then that would be a disciplinary issue and you could deal with it accordingly. I think you could do this even if it isn't specifically mentioned in your list of examples of the sorts of behaviours that could constitute gross misconduct. You will have examples that relate to honesty and attempts to deceive others even if not exactly this.

    On the other hand, if they are raising the same thing repeatedly but mistakenly, you could respond that this has already been raised, the procedure exhausted and the matter closed ... Unless they have fresh information that would allow then to ask for it to be reopened.
  • Thanks to all who replied to me, very helpful and supportive.