As a business owner, handling grievances or complaints in a fair and lawful manner is a crucial part of managing your workforce.
When false allegations are made, the situation becomes more complex and can have significant implications if not addressed correctly.
False allegations refer to untrue claims of wrongdoing that can range from misconduct to fraud or discrimination.
Such allegations, whether made with malice or in error, can be distressing for the accused and harmful to workplace morale.
For business owners, the key is to ensure these claims are dealt with properly to avoid any risk of legal repercussions, including potential tribunal claims.
What Constitutes a False Allegation?
False allegations involve untrue claims made against individuals or groups within your organisation.
These can include accusations of:
Even if the allegation seems dubious, it's essential that you, as an employer, handle it fairly and objectively.
Adhere to your company’s internal grievance and complaints procedure, or if these policies are absent, follow the ACAS guidelines to maintain a lawful process.
Conducting an Investigation
When a false allegation is raised, a thorough workplace investigation is needed.
This will involve gathering evidence and interviewing relevant witnesses independently.
Witnesses should be given the opportunity to provide their own written statements and should verify that any notes taken during the interview are accurate.
Investigative steps should focus on these key questions:
- Is there supporting evidence for the accuser's claims?
- Does the accused have evidence in their defence?
- Is there a history of disputes between the involved parties?
- Could mediation be a quicker, more effective way to resolve the issue?
Ensuring a Fair Process
For investigations to be unbiased, appoint someone who has no prior involvement with the issue or the employees involved.
In smaller businesses, this may require outsourcing to a third party, while larger organisations may have an HR manager or another senior employee handle the process.
The investigation should begin promptly, and both sides should be allowed a reasonable opportunity to present their case.
Special care must be taken if the allegation involves sensitive matters, such as sexual harassment.
Deciding the Outcome
When concluding an investigation, the decision must be based on the strength of the evidence.
Compile a report that summarises the findings, including any inconsistencies in witness statements.
If the evidence shows the accuser made the claim maliciously, disciplinary action should follow according to your company policy.
If the accuser believed their claim to be true, even if it was not, disciplinary action may not be appropriate.
Keep in mind that the accused may file their own grievance if they believe the complaint against them was baseless.
Disciplinary Action
Once the investigation is complete, both the accuser and the accused must be informed of the outcome.
If the claim is proven to be deliberately false, a formal warning or even dismissal may be necessary, depending on the severity of the allegation.
However, a robust and fair disciplinary process must be followed to avoid tribunal claims for unfair dismissal.
Risks of Mismanaging False Allegations
Failing to handle false allegations appropriately can expose your business to serious legal risks. To minimise this, you must:
- Provide all relevant evidence during meetings.
- Allow the accused enough time to prepare their defence.
- Follow whistleblowing procedures when necessary.
- Avoid relying on a single source of evidence.
- Ensure that employees facing disciplinary action have the right to appeal.
Clear documentation of all proceedings is essential, and any disagreements on record accuracy should be addressed by allowing the employee to submit their own version.
Handling Protected Disclosures
It’s important to note that some allegations may fall under whistleblowing protections, particularly those involving public interest matters like criminal activity or health and safety breaches.
In such cases, you must follow your whistleblowing policy to ensure legal compliance under the Public Interest Disclosure Act 1998.
