What can I do if an employee raises vexatious grievances?

Employee grievances have increased by 30% in two years and therefore it is inevitable that an organisation will have experience of dealing with complaints raised by their employees during their time of trading.

A study conducted by XpertHR found that the top three reasons for employee grievances were bullying or harassment (67%), relationships with managers (54%) and relationships with colleagues (49%).

The majority of complaints could be well founded and easily and amicably resolved, however what should an employer do if an employee raises repeated or vexatious grievances? This article will explore the steps employers can take when dealing with inflammatory employee grievances.

What is a vexatious complaint?

The Office for National Statistics (ONS) defined a vexatious compliant as ‘one that is pursued, regardless of its merits, solely to harass, annoy or subdue somebody; something that is unreasonable, without foundation, frivolous, repetitive, burdensome or unwarranted’.

Refer to the Company’s Grievance Policy

A key tool for resolving employee complaints and grievances is to refer to the company’s Grievance Policy which is often contained in a company’s staff handbook or may be accessible on the staff intranet.  The Grievance Policy can set out the formal grievance steps and disciplinary procedure which can provide a cohesive, fair and clear process for employers and employees to follow.

ACAS recommends that a company’s disciplinary procedure can be used by the employer to address an employee’s conduct or performance as well as deal with a problem or complaint raised by an employee.

Implement an Employee Assistance Programme (EAP)

An EAP is a form of employee benefit that is offered by employers to help assist their employees with personal problems that may negatively affect their work performance, health and wellbeing.

An EAP can be an invaluable tool for avoiding employee grievances and diffusing any untoward incidents before they escalate into a larger and more serious problem particularly if the root cause for an employee’s complaint is due to personal factors that occur outside of work.

Distinguish between genuine complaints and complaints made with malice intent

The ONS suggests that when an employee complaint is received senior management should distinguish between employees who are raising genuine concerns; and recognise where people are simply being difficult.

The complaint handler should also be mindful of an employee’s personal circumstances for which the employee has raised a complaint for example, the employee may be experiencing personal difficulties which has aggrieved the employee and the implementation and referral to an EAP as mentioned above could be beneficial to assisting the employee and resolving their complaint.

Handle complaints with a professional and pragmatic approach

Despite that an employer may feel that an employee’s complaint has been made with malice intent the complaint handler must still follow the procedure set out in the company’s Grievance Policy. Complaints should be considered on merit and evidence as opposed to an employee’s track record of reporting complaints or attitude towards the complaint.

In particularly inflammatory complaints there is likely to be highly emotional charged reactions involved and therefore it is important for an employer to remain professional and level headed throughout the complaint handling process.

When dealing with complaints the employer may also show empathy towards the complainant especially where there are reports of harassment and bullying in the workplace as all employees have the right to feel valued and safe at work.

The report of complaints can be equally distressing for both employees and employers particularly where an employee makes continuous complaints.

However, there are steps that can be taken to help reduce the instances of complaints and relieve the effect they can have on individual employees and the workforce as a whole. It is important that employers exercise their duty of care towards employees and ensure that there are systems in place for the reporting of complaints such as clear processes set out in the Grievance Policy and the existence of an EAP to provide assistance to employees. This view is particularly prevalent where an employee makes consistent complaints and the reason for their reports should be established especially if the employee is experiencing personal challenges that may be affecting their work performance and attitude.

Importantly, when a complaint is received, they should be handled in a professional manner which reflects the ethos of the company whilst following a clearly outlined grievance procedure as set out in a company’s employment documents to ensure that there is no unfair or prejudicial outcome to an employee’s complaint.

If you have concerns or questions about grievances raised in your workplace or are interested in reviewing your Grievance Policy in your employment documents, please contact our Employment Team by emailing employment@warnegoodman.co.uk or calling 023 8071 7717.