A grievance raised by “Employee X”

It’s a mystery

One of our subscribers recently came across an anonymous letter which had been left lying on their desk. It made several accusations against another member of staff who was described as “a bully who shouts to get their own way” and in doing so “speaks to other staff like they are something on the sole of their shoe”. The writer also stated that this individual is a “very scary person who I wouldn’t want to cross”.

Who is it?

Not only is the letter unsigned, it’s typed so there’s no handwriting our subscriber can use to identify the accuser. As serious allegations have been made, they want to know how to handle the situation. Should they pull the alleged bully in for a chat and show them the letter? Or should they first track down the author of the document and obtain a signed statement?

I’m staying quiet

Witnesses will most usually want to remain anonymous if they fear some sort of reprisal from those they “accuse” of wrong-doing, e.g. verbal abuse or physical attack. If this is the case here, then the employee who wrote the letter might be too afraid to come forward.

What does the EAT say?

The fact the allegation is unsigned is a not a show-stopper either way, but our subscriber must tread carefully. Guidance was given by Employment Appeal Tribunal (EAT) in Linfood Cash and Carry v Thomson 1989, on how to handle allegations made by anonymous informants.

The relevant guidance?

The EAT said that statements should be:

• given in writing

• made available to the accused employee; and

• give details of time/place/dates as appropriate.

However, the employer should also consider the character and reliability of the informant and what weight should be attached to their evidence.

Does it meet the test?

In our subscriber’s case, they probably meet the first two tests. The third is less likely, as the information is generic, i.e. there are no specific dates and times. Plus, as they can’t question the author in detail, they are somewhat limited in how far they can go in “testing” the evidence; it could, quite possibly, be a malicious allegation.

Tip. You only have to consider the facts, i.e. you’re not expected to launch a detailed investigation.

Don’t ignore it

That said, they should not dismiss the complaint altogether. But rather than institute formal disciplinary proceedings they should speak to the “accused” on an informal basis; show them the letter and listen to their version of events. If there is a problem, this may well nip it in the bud.

Tip. If a further allegation is made at a later date, our subscriber will have protected their position because they took “balanced action”. In other words, they looked into the matter, spoke informally to the accused and took appropriate steps.