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Can an Employee Withdraw a Grievance at Work?
Picture this: an employee submits a formal grievance about some aspect of their employment, but before you can act on it, they suddenly withdraw their complaint.
It’s a situation that arises more often than you might think, so how should your business respond?
As tempting as it may be to treat the matter as resolved and move on, it’s important employees’ concerns are handled properly to maintain positive workplace relationships and to limit the potential employment law risks. Here’s what to do next.
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The steps to follow when an employee complaint is withdrawn
There’s a four-step process we can recommend. It’s good business practice to always follow clear, fair procedures to ensure you can reach an amicable resolution with the staff member.
1. Find out why they withdrew the grievance
Employee grievances can arise for many reasons. Common examples include perceived unfair treatment (such as bullying, harassment, and discrimination), difficult relationships with colleagues/management, and pay disputes.
Whatever the nature of the complaint, if an employee chooses to withdraw their grievance, you should take the time to talk to them and understand why:
Did they change their mind after some thought and reflection?
Was the grievance raised out of anger or frustration in the ‘heat of the moment’, and they now feel it’s not worth pursuing?
If the grievance involves bullying, harassment or discrimination, could they have been pressured or intimidated into dropping it?
Are they concerned they might face retaliation from their employer, manager or colleagues if they continue?
Whatever the reason, understanding the employee’s complaint and their hesitations to take things further is an important first step and will help ensure issues aren’t simply swept under the rug.
2. Offer reassurance
Explain to the employee that the organisation takes grievances seriously and handles them with care and sensitivity. This may help to put their mind at rest and encourage them to share their concerns openly.
If the employee is very reluctant, you might be tempted to promise absolute confidentiality. However, this should be avoided. While every effort should be made to handle allegations discreetly, if the grievance leads to formal disciplinary action, it may be necessary to disclose enough information to the accused employee to enable them to give their side of the story.
While you can encourage them to consider the benefits of pursuing the grievance, it is ultimately up to the employee to decide whether to proceed.
3. Investigate if necessary
As an employer, once you’re made aware of workplace issues, you can’t ignore them, and there may be cases where you decide you need to step in despite the employee’s reservations.
For example, if an employee raises concerns about another employee’s gross misconduct (such as allegations of bullying or sexual harassment), you may need to investigate to establish the facts and, where appropriate, address the matter through your disciplinary procedures.
4. Speak to an external specialist
Grievances can be complex to handle, and these situations get even trickier if an employee decides to retract their complaint. Even when grievances are withdrawn, the issues raised may still require attention, and ignoring or mishandling the situation could leave your organisation exposed to legal risks later down the line.
It’s good business practice to seek legal advice early. Consulting an employment law specialist can help you respond appropriately, comply with your legal obligations, and document the situation to reduce the risk of future disputes or damaging employment tribunal claims.
Access specialist people management support
At WorkNest, we understand the challenges that employee grievances can bring.
Our fixed-fee support gives you access to dedicated employment law and HR professionals who can guide you through every stage of the grievance procedure – providing clarity, ensuring compliance, and helping you avoid common pitfalls. We can also develop policies, draft documents, and deliver higher management training, setting you up to handle these situations successfully in future.
To discuss your specific needs and see how we can support you, contact our team today on 0345 226 8393 or request your free consultation using the button below.
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