Furthermore, others opinions and statements arent slandering just because they share them. Gross misconduct therefore warrants dismissal without notice, or pay in lieu of notice, for a first offence as long as you follow a . Shalie has over 4 years of experience working in a variety of HR positions and organizations. Employers are required by law to deal with complaints or grievances at work fairly and lawfully. Did you get the information you need from this page? think very carefully about the way you handle a complaint, to make sure you do it fairly and sensitively and follow the right procedures. While it may be difficult to think that you're involving more of your colleagues, your friends even, in this false accusation, the more witnesses that can back up your story, the better! You also have the option to opt-out of these cookies. It is important to remember that employers owe these . Grievance procedures are in place to allow employees to be able to raise complaints which are then thoroughly investigated and dealt with. While this may result in terminations, or personnel shuffles as your HR department sees fit, your innocence is no longer in question and the case is closed. Understanding and cooperating with the investigation does not mean you roll over and play dead. At the low range of the spectrum, 2% of . Often, in these types of cases, the accuser will not leave a paper trail. Dealing with suspected false accusations at work, Taking disciplinary action for false allegations. You can also be accompanied, for example by a work colleague or trade union representative. Areas of risk when handling false allegations, Employee or Worker? Depending on the severity of the situation, it might be beneficial to seek legal advice to try to get a better comprehensive view of where you stand. False accusations at work can relate to any kind of untrue claim of wrongdoing made by an employee. ACAS is a independent, non-governmental public body whose role is to help improve workplace relationships. DavidsonMorris employment lawyers specialise in workplace dispute resolution, grievances and workplace investigations. Keep fully documented records, follow your grievance and disciplinary procedures appropriately and apply them in a fair and reasonable way to reduce the risk of a tribunal claim. - 2023. If you are a member of a trade union, discuss the matter with your union representative at the earliest opportunity. If you have a question about your individual circumstances, call our helpline on0300 123 1100. But opting out of some of these cookies may have an effect on your browsing experience. What are workplace bullying and harassment? The first offer is usually for negotiation, which is a direct conversation between the defendant and plaintiff or their representatives. If, following the investigation, you find the complaint unfounded, then the accused individual may raise their own grievance which will also need to be investigated. It's also a good idea to keep a diary or record of the bullying, including: Most bullying happens out of sight of others, so you might not have any witnesses. This can come in the form of slander, which is spoken defamation, or libel, which is harmful to ones reputation through false written accusations. Due to the nature of these types of situations, HR may not be able to share much information with you. First, establish if an investigation is necessary, then scope out what is to be investigated before fact-finding and gathering evidence. You should still know your workers rights. Where you decide the behaviour has amounted gross misconduct you must be clear that the false allegation has been so serious that it has irrevocably destroyed the trust and confidence you had in the employee. Although it should be noted that more serious or complicated accusations at work (such as sexual misconduct or fraud) will inevitably take longer to investigate. Employers are required by law to deal with complaints or grievances at work fairly and lawfully. Irrespective of any initial concerns or suspicion you may have as to the genuine nature of the allegations, you must approach the complaint in a fair and objective manner. If you need this document in a more accessible format, email digital@acas.org.uk. Defamation is defined as purposeful and false damage to ones reputation. This website uses cookies to improve your experience while you navigate through the website. your case and get the proper help today. Bear in mind that time away with HR during the investigation can take time out of your workday, so its important to dedicate your focused attention when you are actively working. Still, to minimise the risk of a claim for unfair dismissal, the employer must act reasonably and fairly at all times when making a decision to dismiss. The individual conducting the investigation should be unbiased and have no prior knowledge or involvement with the matter being complained about. %%EOF When falsely accused, our emotions kick in and our natural instinct is to want to immediately react, often with counterattacks and abrasive words of our own. By resigning, you are likely to lose any opportunity to challenge or appeal a dismissal. Being accused can make anyones blood boil, we totally understand, but, you're a professional and even in the heat of anger, its important to handle yourself with grace and dignity. Victimisation is unlawful under the Equality Act 2010. To sue an employer, their vilification of you must have been published. For more information about our workplace investigation services, contact us. When a statement isnt so negative that it is damaging regardless of context, you must prove that it had a monetary or wounding aspect before asking for reimbursement for that is possible. There are certain complaints or disclosures that can be made by an employee that are protected. The law protects people against discrimination at work - this includes harassment and victimisation. It is simplistic and unhelpful to frame allegations as "true" or "false". By submitting, you agree to our Privacy Policy. If you like, you can tell us more about what was useful on this page. We cannot respond to questions sent through this form. As with any workplace employee relations cases, true or not, these can take a substantial amount of time and investigating from your HR team. These could include whether or not they followed a fair disciplinary procedure. a County Court or High Court, and for cases involving wrongful or unfair dismissal in an employment tribunal. By clearly setting out the types of behaviour that might lead to disciplinary proceedings, including what constitutes gross misconduct, you can demonstrate the fairness of your approach to misconduct matters at work. 542691 Handling such issues, however, becomes further complicated if you suspect the employee may be making a false allegation. Making a claim or complaint of discrimination (under the Equality Act). 0 If you fail to correctly handle a false allegation at work, the organisation risks employment tribunal claims. The employer should act in a timely manner to avoid issues with gathering evidence and speaking to witnesses. The ACAS Guidance tells employers that they should investigate the facts "as far as possible" but makes clear that it is not necessary to await the outcome of a criminal prosecution before taking fair and reasonable action. Please tell us which format you need. You cannot ask for compensation because you believe that what was said could have caused you damage, or might cause you damage in the future. However, if you make a mistake during the disciplinary process this can result in the employee making a claim for unfair dismissal. DeltaQuest Media Limited. That way, you take control of the situation. The employer published the defamatory statement to a third party (this can be written or verbal). Stick to the truth now more than ever but be sure its comprehensive and ensure no detail is left out. Even if there's no policy, your employer has a legal duty of care to protect you while youre at work. Ensure your regular work output has not changed and that youre still achieving your required deliverables as you would outside of the investigation. Dont go overboard, but due to the nature of any investigation, HR may provide you with a workaround in order to avoid having to interact with that employee at all. According to workplace experts Acas (the Advisory, Conciliation and Arbitration Service): Bullying is behaviour from a person or group that's unwanted and makes someone feel uncomfortable.. Sometimes employees raise grievances which are unfounded, whether intentionally or unintentionally. Its essentially where an individuals inappropriate conduct or actions breaks workplace rules. Treat deliberately false or malicious allegations as matters of misconduct. Please do not include any personal details, for example email address or phone number. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. When there is a possible workplace disciplinary or grievance issue, the employer should find out all they reasonably can about the issue. If you have a question about your individual circumstances, call our helpline on0300 123 1100. So, while many statements can be wounding, making sure you have credible evidence before making an accusation is essential. The defendant must simply focus on disproving an accusation of wrongdoing in the workplace, and if a trial is inconclusive, will not be punished for any alleged misdeeds. You have nothing to hide, so don't hide yourself. proper and consistent investigation process. You need to get out of denial about . Even more dangerous than that would be to talk to that person about the issue or anyone involved with the investigation at all. Did you get the information you need from this page? Wrongful dismissal applies where your employer has breached the employment contract. "People may misinterpret that anger as a sign of guilt . The procedure should start with a workplace investigation into the allegations. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. You made it! Your workplace might have its own policy or procedure. Gather relevant data, evidence, and make a journal guide to keep track of their moves as well as yours. This can be particularly relevant where the employee disagrees as to the accuracy of the notes or records. But its a shoe that can go on the other foot at times, as businesses and fellow employees often counter-sue for restitution as well when false accusations made against them are thrown out in court. To make matters more complicated, compensation is awarded based on the damage that you prove has already been caused. Aggressive, intimidating, indecent or abusive behaviour at work. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Employees raise grievances which are then thoroughly investigated and dealt with employment contract,! Work - this includes harassment and victimisation you get the information you need from this page a member of trade! 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