Legal Services for Employees and Employers
FALSE ALLEGATIONS
Malicious, Vexatious and Tactical Complaints
In rare situations you, as the employee or the employer, maybe falsely accused of misconduct.
False accusations of misconduct at work can be traumatic, stressful, and life changing, particularly if the accusation regards sexual harassment. When allegations surface, an employer has a duty of care to all parties involved and as a minimum they must make sure they follow ACAS Code of Practice and apply the law correctly.
Where this does not occur you maybe have recourse through the courts.
MALICIOUS COMPLAINT
A malicious complaint is a claim made with the intent to cause harm, often to harass, defame, or inconvenience the accused. Malicious complaints can undermine the credibility of genuine grievances and cause unnecessary distress to the targeted individuals.
Here are some examples of malicious complaints:
- Deliberately lying about an issue or incident to cause harm
- Raising a complaint to defame a colleague or manager
- Repetitive behaviour aimed against a particular person
VEXATIOUS COMPLAINT
Often synonymous with a malicious complaint, but slightly different is a vexatious complaint. This is a complaint that is pursued for the purpose of causing annoyance, harassment, or to subdue someone, regardless of its merits. Vexatious complaints can be unreasonable, repetitive, burdensome, unwarranted, or frivolous.
Some examples of vexatious complaints include:
- Making a complaint without any grounds or with insufficient grounds
- Refusing to cooperate with the complaints investigation process
- Making complaints about staff who are handling the complaint and attempting to have them replaced
- Insisting on the complaint being dealt with in a way that is incompatible with the complaints procedure
- Making an unreasonable number of contacts in relation to a specific complaint
TACTICAL COMPLAINT
A tactical complaint is when an employee raises a grievance not in 'good faith' as a defence to allegations or other proceedings against them.
Some examples of tactical complaints include:
- An employee facing dismissal because of a long-term absence may falsely claim the absence is due to harassment
- An employee who is accused of underperforming might respond by falsely claiming that their manager has been bullying them
The effect of false allegations can be life-changing
A word from MIND, the Mental Health Charity
When you're thinking about your own mental health, or someone else’s, having access to the right information is vital. Visit our website at www.mind.org.uk
Or contact our InfoLine at 0300 123 3393 or info@mind.org.uk
Our lines are open 9am to 6pm, Monday to Friday (except for bank holidays).
