Handling suspect complaints – a practical guide for HR
Most workplace complaints are raised in good faith. Occasionally, however, HR professionals will encounter grievances that appear tactical, exaggerated or even fabricated. These situations are difficult: get it wrong and you risk serious legal exposure but overreact, and you may unfairly penalise an employee raising genuine concerns.
Responding to complaints objectively
The starting point is to stay objective. Certain scenarios may raise suspicion—for example, complaints made immediately after disciplinary action, during redundancy processes, or in the context of ongoing performance management. Other indicators might include inconsistent accounts, shifting allegations or a pattern of repeated grievances. However, these are only warning signs, not proof of bad faith.
Even where concerns arise, the complaint must still be taken seriously. An allegation that is untrue is not necessarily dishonest. The correct approach is to follow your normal grievance or whistleblowing procedure, appoint an impartial investigator, and keep an open mind throughout.
Disciplinary actions for dishonest complaints
Evidence is critical. A thorough investigation should test the credibility of the complaint by examining documentation, witness evidence and consistency of accounts. If the complaint is not upheld but there is no clear evidence of dishonesty, it is usually safest to leave matters there.
Where there is strong evidence that the allegation was deliberately fabricated, disciplinary action may be appropriate. However, this is a high-risk step. Before proceeding, ensure:
- 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
It is also important to explore potential mitigation. Stress, workplace conflict, or underlying grievances may explain behaviour and should be taken into account when deciding on any sanction.
In more serious cases, knowingly false allegations may amount to gross misconduct and justify dismissal. However, this should never be a knee-jerk reaction.
Key takeaway
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. A measured, evidence-led approach will reduce both legal risk and employee relations fallout.
Here to help
Longmores’ Employment team regularly advises employers on managing workplace issues and complaints,. We help HR teams balance fair process with legal risk, particularly where complaints raise concerns around credibility, motive or timing.
If you require support handling a complex or sensitive complaint, please contact Richard Gvero, Senior Partner and Head of Employment Law.
Please note, the contents of this article are provided for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.
