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It is good practice as an employer to ensure that you actively encourage your employees to raise issues where they come across them in the workplace. However, not all employees are honest, meaning some staff members may make false accusations when working in your business. For example, they may be jealous of another colleague, so make a false claim such as sexual harassment. It could be so serious that the accuser faces criminal charges, and you may need legal advice. You need to know what false allegations might be raised in the workplace and how to deal with false information given to you. If you fail to deal with false claims correctly, you could end up dealing with an employment claim in an employment tribunal and need legal advice. This article will explain how to address false accusations in the workplace with a legal perspective for employers.
What is a False Allegation in the Workplace?
A false allegation in your business is when an employee makes a complaint about another person, which is a lie. You may hear people refer to these as a:
- false statement;
- misconduct at work; or
- an unfounded accusation.
Examples of false accusations at work include accusing a person of:
- stealing;
- bullying;
- harassment;
- sexual harassment; or
- discrimination.
What is the Effect of a False Allegation in the Workplace?
Employees making false accusations in the workplace can significantly impact the person alleged to have committed the allegation. For example, it can be due to:
- anxiety;
- depression; and
- isolation.
If you do not deal with a false accusation correctly in your business, it could lead to an employment tribunal claim. The person making the false accusation could also be charged with a criminal offence, such as if they accuse another of sexual misconduct.
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How Do I Address False Allegations in the Workplace?
When dealing with false accusations in the workplace, you must follow your disciplinary process and the ACAS Code of Practice. It is crucial to ensure your disciplinary process is fair. You can do this by:
- letting your employees know what might happen if they have made a false accusation;
- allow your employee to appeal your decision;
- record any disciplinary action taken; and
- ensure you have clear policies on how you deal with false accusations.
As an employer, it is crucial to stay compliant with ever-evolving employment law. This factsheet outlines key changes in 2024 that will affect how you manage your workforce.
Procedure to Address a False Allegation
You should take the steps outlined below to address false allegations in the workplace.
1. Carry Out a Fair Investigation
Carrying out a fair investigation requires finding as much evidence as possible on the allegation, including why the complaint may have been made.
2. Have an Investigation Meeting
When you investigate a false accusation, the meeting allows you to ask questions about any history between the parties involved. Each party should be spoken to separately and by a different person, who should also be neutral. You should also make a written record of the meeting.
3. Make a Decision and Respond to the Parties Involved
After the investigation meeting, you should be able to decide whether the accusation is false. Producing a report with evidence and reasoning will help you do this. If the accusation is false, you can decide to carry out disciplinary sanctions.
You must then write to both parties involved about the accusation and tell them your decision and any actions arising from it. Remember to do so fairly if you need to carry out the disciplinary process. Otherwise, any dismissal arising from it could be an unfair dismissal claim.
Key Takeaways
Your employees may make what appears to be a false accusation about another person, such as an accusation they stole from you. When this occurs, you need to follow the ACAS Code of Practice and a fair disciplinary process. Acting fairly involves, for example, allowing your employee to appeal any decision. The procedure to address a false accusation in your business includes a fair investigation, holding an investigation meeting, making a decision, and letting parties know in writing what this is. When an employee is found to have made a false accusation in the workplace, this can lead to dismissal.
If you need help understanding whether to address false accusations at work in the UK, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A false accusation occurs when your employee makes an untrue complaint about someone.
You may need to dismiss an employee who may use a false accusation, but you must ensure you carry out a fair disciplinary process; otherwise, this could be an unfair dismissal claim.
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