What are my rights if a colleague raises a workplace grievance against me?

What is a workplace grievance?

If an employee believes they have been treated unfairly or feels they are being harassed or bullied, they have a right to raise a grievance in the workplace and for this to be investigated and ideally resolved.

Sometimes, however, people (often those in managerial positions, though not exclusively) can find themselves the subject of a malicious or false grievance.

Even if you immediately suspect that such a grievance has been made in bad faith and is untrue, an employer still has a duty to investigate and go through the same formal investigation route as with others. This can understandably cause a great deal of stress, not to mention the uncertainty about the potential harm it could cause to your career and reputation.

Even if there is no merit to the allegations made, you can find yourself embroiled in a tricky web of ‘he said she said’. Allegations of dishonesty, discrimination or harassment can be even more concerning and reputation management is crucial. Those in regulated sectors such as financial, healthcare and legal services or at director level have even more at stake.

What are my rights after a workplace grievance?

When a workplace grievance is made, there is a set process that employers should follow to ensure the issue is fully investigated and resolved wherever possible.

This process is set out in the Acas Code of Practice, relating to Grievances/Disciplinaries and its internal grievance procedure.

Throughout the process, you have the right to be kept informed of the status of the matter. Communication should be open and clear, and you should be provided with the opportunity to put forward your version of events.

In particular, you have the right to:

• be provided with the full details of the complaint or copy of the grievance letter (where the grievance relates to multiple issues or employees, you may only be given details about any concerns that relate to you)
• be invited to take part in the investigation meeting (you can request to be accompanied, though this isn’t a legal right)
• respond in full to the complaint made against you, including providing evidence to support your defence
• be given the minutes of any meetings you attend, to be checked and signed by yourself
• be kept up to date with the timescales for resolving the grievance
• be informed of the outcome of the grievance where appropriate and where it relates to you

What should I do if my colleague raises a workplace grievance against me?

This can be an incredibly stressful and emotional time, particularly if you feel the grievance has been raised maliciously. No matter what the circumstance, it is important to stay calm.

You should also take note of the following guidance:

1. Make sure to communicate clearly. Stay calm and objective and try not to be defensive in your arguments. A careful approach is needed, especially if you are challenging someone else’s credibility.
2. When preparing your defence, make sure to collect all the evidence you have - e-mails, memos, letters, notes of telephone conversations, notes of interviews, appraisal forms and so on. It usually helps to produce a chronology of events.
3. You should prepare your defence against the allegations made and submit this prior to your investigation meeting.
4. If your employer attempts to involve you in mediation or meetings to resolve the matter informally before a formal grievance is pursued, you should get involved in this if you feel able to.

The grievance could be determined in several ways which may or may not involve you, so be sure to speak to your employer to determine the facts of any issue raised (and its implications for you) before you proceed.

Bear in mind that if the grievance is not upheld, the complainant has the right to appeal against the decision, so it may not be the end of the matter until the appeal has been concluded.

What if a colleague has raised a false workplace grievance?

If it turns out that a colleague has raised a false grievance against you or made malicious allegations, then you could have grounds to raise a separate grievance against them.

This can be tricky. In addition, if you feel aggrieved and/or your employer has treated you unfairly or discriminated against you during the process, you may also want to raise a grievance against your employer. In either case, you should seek legal advice prior to drafting your grievance letter.

For more information, call us on freephone 0330 041 5869 or contact us online.