Case Study: Managing a complex workplace complaint where there was no formal grievance
The situation
A client contacted us after an employee raised concerns about sexually inappropriate comments made by an external contractor while working alongside their team.
The director came to Dakota Blue as soon as the concern was raised because they knew this was not a situation they wanted to handle without experienced HR advice.
The employee was uncomfortable about what had happened but did not want to raise a formal grievance. A manager had been present during some of the incident and the person involved was not directly employed by our client.
There was no obvious procedure that neatly covered the situation.
The business needed to support the employee, understand what had happened, meet its responsibilities as an employer and decide what action could reasonably be taken when the alleged behaviour involved someone working for another organisation.
What made it complex
This was not simply a case of following a grievance procedure.
The employee's decision not to make a formal complaint did not mean the business could ignore behaviour that may have been inappropriate.
At the same time, the directors needed to avoid overreacting before the facts were properly understood.
There were several risks to consider at once: the employee's wellbeing, witness evidence, confidentiality, the role of the manager who had been present, the responsibilities of the contractor's employer, the potential legal position and the wider impact on trust within the team.
The challenge was not finding the right policy.
It was working out the right thing to do.
What we did
Dakota Blue worked closely with the directors and management team to guide them through the situation from the outset.
We helped the business:
- assess the concerns and the level of business risk from multiple angles;
- establish what evidence needed to be gathered before decisions were made;
- respect the employee's wishes without allowing those wishes to prevent the business from addressing potentially unacceptable behaviour;
- identify and speak to relevant witnesses;
- consider appropriate interim arrangements;
- determine how and when the contractor's employer should be involved;
- make sure key decisions and conversations were properly documented;
- consider whether wider management or preventative action was needed.
Just as importantly, we acted as a sounding board for the directors throughout.
Where there was no obvious process to follow, we helped them test their thinking, consider the consequences of different options and make decisions that were fair, sensible and commercially sound.
The outcome
The directors were able to deal with a highly sensitive allegation without either overreacting or ignoring an issue they had a responsibility to address.
They had a clear route through a situation where there was no straightforward process to follow, supported throughout by experienced HR Director-level advice.
The employee was supported, the business gathered the information it needed and management was able to make informed decisions with a clear understanding of the people, legal and commercial risks involved.
The business also demonstrated to its team that concerns about workplace behaviour would be taken seriously, even where an employee did not feel comfortable making a formal complaint.
Why experienced HR judgement matters
Sometimes the most difficult HR situations are the ones where there is no clear procedure telling you what to do next.
That is when experience and judgement matter.
Our clients trust Dakota Blue to look at the whole situation; the people involved, the legal position, the commercial risk and the wider impact on the business; and help them decide the right way forward.
We do not simply tell managers which policy to follow.
We work alongside business owners and leaders when the situation is difficult, sensitive or high risk, giving them the confidence to make decisions they can stand behind.