Genuine vs Malicious Grievances: How to Tell The Difference

It’s every manager’s fear: an employee raises a formal grievance, but you’re not sure it’s genuine. Maybe it follows a disciplinary warning, or perhaps it involves a colleague with whom they’ve clashed before.

So, what do you do, act on instinct, or investigate anyway?

The simple answer is always investigate. Whether a grievance turns out to be genuine or malicious, every complaint deserves to be handled fairly, consistently, and with an open mind. Doing so not only protects your organisation legally but reinforces trust and transparency across your workplace.

What is a Grievance?

A grievance is any concern, problem, or complaint that an employee raises with their employer. This could relate to how they’ve been treated, changes to their job, or anything affecting their working conditions or wellbeing.

Common examples include:

• • Pay disputes or breaches of contract

  • Working conditions or changes to duties

  • Health and safety concerns

  • Bullying, harassment, or discrimination

  • Conflicts with managers or colleagues

According to the Acas Code of Practice, a grievance should be raised in writing and without unreasonable delay.

While employees have the right to raise a grievance, employers also have a duty to take it seriously, respond promptly, and follow a fair process. Handled properly, a grievance procedure gives employees a safe way to be heard, and gives employers a chance to resolve issues early, before they escalate into bigger problems.

Following the Acas Code of Practice

When a grievance is raised, employers must follow the Acas Code of Practice on Disciplinary and Grievance Procedures.

The Code sets out two key expectations:

1. 1. Hold a formal meeting with the employee and a senior manager to discuss the grievance.

   2. Communicate the outcome in writing, including any actions you intend to take, without unreasonable delay.

However, the Code doesn’t give specific guidance on when an employer can reject a grievance outright. That means, in most cases, you should still acknowledge the concern and follow your internal process.

That said, not every issue needs to go straight to a formal grievance. Wherever possible, the Code encourages employers to resolve concerns informally first, through open discussion, mediation, or simple clarification, before moving into a formal process.

Taking this approach not only aligns with best practice but also helps to maintain trust, reduce tension, and resolve issues faster.

What Is a Malicious Grievance?

A malicious grievance is one raised deliberately and in bad faith, with the intention of misleading or causing harm to another employee or to the business.

These cases are rare, most grievances are genuine and should be treated as such. But occasionally, an employee may raise a complaint to deflect attention, retaliate, or manipulate a process.

Even if you suspect this is the case, resist the temptation to dismiss the grievance outright. Instead, take a calm, methodical approach to investigate and establish the facts. This protects both fairness and your organisation’s legal position.

Why You Should Always Investigate

Grievances about bullying, discrimination, or harassment must always be treated with care. In addition, complaints that amount to protected disclosures (whistleblowing), such as criminal offences, health and safety breaches, or environmental damage, only require the employee to have a reasonable belief that the issue occurred.

That means even if a claim seems unfounded, the employee’s perception matters. Jumping to conclusions or ignoring the complaint could expose the business to claims of unfair treatment or victimisation.

Once you have clear evidence that a grievance has been raised maliciously and in bad faith, you may decide to start disciplinary proceedings in line with your procedure. But this should only happen after you’ve gathered facts and ruled out any genuine concern or qualifying disclosure.

Handling a Grievance: Step by Step

When a grievance lands, don’t panic. Follow a structured and transparent process to assess and resolve the issue fairly:

Step 1: Start Informally

Meet with the employee promptly and discuss their concerns. Be polite but clear that, to investigate properly, you’ll need specific details, dates, times, what happened, and who was involved.

Step 2: Assess Their Intent to Proceed

Sometimes, if a grievance isn’t genuine, the employee will withdraw it once asked for evidence. If they wish to proceed, continue through the formal process.

Step 3: Set Expectations

Explain that making false or misleading allegations could itself lead to disciplinary action, and refer to your disciplinary policy if appropriate.

Step 4: Hold a Formal Grievance Meeting

Invite the employee to a formal grievance hearing, giving at least 48 hours’ notice and the right to be accompanied by a colleague or trade union representative. Take clear minutes and prepare questions in advance.

Step 5: Investigate Thoroughly

Gather statements and evidence from anyone involved or named as a witness. Keep your investigation timely, and update the employee if delays occur. If the grievance involves a line manager, ensure another manager leads the investigation to maintain impartiality.

Deciding on the Outcome

After completing your investigation, issue a written grievance outcome letter outlining your findings and any resulting actions.

Possible outcomes include:

• • The grievance is upheld: the claim is proven, and appropriate action is taken.

  • The grievance is partially upheld: some aspects are valid, and actions such as mediation or training are recommended.

  • The grievance is not upheld: the evidence does not support the claim.

The employee should always have the right to appeal the decision. The appeal outcome is final.

Can You Refuse to Hear a Grievance?

In most cases, no. Employers have a legal and moral duty of care to listen to concerns and respond in a reasonable timeframe. Failing to do so can amount to a breach of trust and confidence, or even lead to an unfair dismissal claim if the matter escalates.

Even if a grievance appears false or malicious, always err on the side of caution and follow a fair process. Ignoring or dismissing it prematurely could also increase any potential tribunal award by up to 25% for failure to follow the Acas Code.

Grievances From Ex-Employees

While the Acas Code doesn’t require you to hear a grievance from someone who’s already resigned, it’s not always that simple.

If a grievance is raised within a resignation letter, it may form evidence in a constructive dismissal claim. Assess each case carefully, especially if ignoring it could harm your reputation or impact remaining employees.

Settlement Agreements

In serious disputes, a settlement agreement may be used to formally resolve the matter. These are legally binding contracts where both parties agree to end the issue, and the employee waives the right to bring certain claims to a tribunal.

Settlement agreements should only be used after taking professional advice, as they carry legal weight and should be entered into with full understanding on both sides.

Dealing with grievances and other employment law and people matters such as this can feel overwhelming, but the MAD-HR team is here to step in to assist you. Whether you need to get ‘grievance ready’ with our Online HR Toolkit, containing grievance template letters and grievance procedures, or whether you need pragmatic, business-focussed advice, contact us today to see how we can help.

Frequently Asked Questions